FUJIFILM 2021 GFX Challenge Global Grant Program
Grant Award Program Terms and Conditions
FUJIFILM AMERICAS REGION – U.S. and Canada OFFICIAL PROGRAM TERMS AND CONDITIONS (the “Sub-Regional Program Official Rules”
NO PURCHASE OR PAYMENT IS NECESSARY TO APPLY FOR, OR TO BE AWARDED, A GRANT OFFERED IN CONNECTION WITH THIS PROGRAM. A PURCHASE OF ANY SORT, DIRECTLY OR INDIRECTLY, WILL NOT IMPROVE YOUR CHANCES OF BEING NAMED A GRANT AWARD RECIPIENT. This Program is void where prohibited by law.
The Fujifilm 2021 GFX Challenge Grant Award Program (the “Program”) is sponsored by FUJIFILM Corporation and its affiliates (collectively, “Fujifilm”), and is open to applicants who meet the criteria described below (“Applicants”). The Program consists of (and all Applicants will be considered for) both a regional grant award program offering an opportunity to receive a USD $5,000 grant award and a global grant award program offering an opportunity to receive a USD $10,000 grant award. A USD $10,000 global grant award will be awarded to a total of five (5) chosen, Global Grant Award Program recipients selected from among a total of fifteen (15) regional grant award finalists. The ten (10) regional grant award finalists that are not selected to win the Global Grant Award will each receive the USD $5,000 regional grant award. The Fujifilm regions participating in this Program and the number of selected grant award finalists from each region and during each round of entry review, will be as follows:
|Fujifilm Program Region and applicable Sub-regions. Each, a “Program Region”||Number of entrants selected from first round of review (selected based on review of submitted written entry materials)||Number of entrants selected from second round of review (selected based on 30 minute Regional Zoom interview (or equivalent)) and that become a finalist competing for a Global Grant Award. Minimum grant award received: USD $5,000. Opportunity for global,USD $10,000 grant award.|
|Fujifilm Americas Region||10 total||3 total|
|USA and Canada (excluding Quebec)||8|
|Fujifilm Europe Region||10 total||3 total|
|Fujifilm Asia Region||10 total||3 total|
|Fujifilm China Region||10 total||3 total|
|Hong Kong/ Taiwan||4|
|Fujifilm Japan / Middle East Region||10 total||3 total|
|Middle East / Africa||4|
|TOTAL NUMBER OF ENTRANTS SELECTED||50||15 total|
Objective of the Program: The objective of the Program is to facilitate the ability of photographers and videographers worldwide to contribute to their artistic community, by funding new, creative image and video storytelling and situational projects (“Projects”) that would not otherwise be possible. Fujifilm hopes to broaden the body of photographic image and video work for global appreciation, and to help optimize the quality of both regional and global contributions to the arts of photography and videography. Grant award recipients will use provided FUJIFILM GFX System digital camera equipment, and Fujifilm provided mentoring and technical assistance, to create Projects that constitute uniquely innovative, creative and compelling artistic works.
Eligibility. Within the Fujifilm Americas Program Region, the Program is only open to individuals who are a resident of the 50 United States and the District of Columbia, Canada (excluding Quebec), or Latin America, who are 21 years of age or older at the time of submission of an application for the Program. Employees, and consultants of Fujifilm and its advertising and promotion agencies, Program judges, and members of the same household of any of the foregoing (whether related or not) are not eligible to apply. The Program is open to both amateur and professional photographers and videographers. Applicants who meet the above requirements are “Eligible Applicants”.
Applicability of the Sub-Regional Program Official Rules. All Applicants residing in the U.S. and Canada sub-regions of the Fujifilm Americas Program Region are expected to review and understand these Sub-Regional Program Official Rules. By submitting a Project proposal in connection with this Program, each Applicant warrants that he/she has read and agrees to abide and be bound by these Sub-Regional Program Official Rules and that he/she is eligible for, and is not prohibited from applying and participating in, the Program. Submission of an application to the Program (a “Submission”) automatically constitutes the Applicant’s agreement to be bound by these Sub-Regional Program Official Rules. Each Submission must meet the criteria set out in these Sub-Regional Program Official Rules. Applicants further agree that Fujifilm has the full authority, in its sole discretion, to interpret and administer these Sub-Regional Program Official Rules, and each Applicant agrees by participating to be bound by all decisions and interpretations made by Fujifilm in connection herewith.
Program Application Period. The Program application period begins at 8:00 a.m. Eastern Standard Time (EDT) on October 1, 2021 and ends on 11:59:59 p.m. (EST) on December 31, 2021 (the “Program Application Period”). Application and participation in this Program is free. Limit only one (1) Submission per Applicant during the Program Application Period. Submissions received in excess of the above stated limitation, as well as Submissions received after expiration of the Program Application Period, will be void. Submissions submitted to multiple regions, or to the wrong Program Region (i.e. not submitted to the region where the Applicant resides) will be deemed void. In addition, Submissions not meeting the Submission Criteria outlined will be deemed void and are not eligible for consideration. The entire timeline applicable to the Program is as follows:
- November 10 – January 5, 2022: Project submissions may be submitted for consideration within each applicable Fujifilm Region. Submissions to be made in PDF format using the applicable Fujifilm Entry Form applicable to the Fujifilm Region of the Eligible Applicant’s residence, which must also be fully completed.
- January 5 – January 21, 2021: Applications reviewed by Fujifilm’s applicable Americas Region Grant Review Team, with scoring of the applications based on the Grant Award criteria referenced.
- By January 31, 2021: The six (8) selected Sub-Regional finalists from the U.S. and Canada sub-region will be informed via email and the necessary Zoom (or equivalent) interviews will be scheduled.
- February 1 – 15, 2022: Interviews with the selected six (8) Sub-Regional finalists, as well as the four (2) Latin America Sub-region finalists, will be conducted by an assigned Fujifilm Americas Region judging team of not less than three (3) individuals. Interviews will be conducted in English and will be 30 minutes in length, provided that if an Applicant requests that his/her interview be conducted in another language, Fujifilm will try to accommodate. Based on Regional team interview scoring, a total of three (3) Fujifilm Americas Region finalists will be referred for consideration to receive the Global Grant Award.
- February 15 – 28, 2022: FUJIFILM Corporation’s designated Global Grant Award judging team of not less than three (3) individuals will review the original Submissions from each of the total 15 Global Grant Award finalists from across the five Fujifilm Regions participating in the Program. Review will be based on the Submission only, and will be scored using the same criteria referenced for the Fujifilm Regional Program scoring. Based on Global Grant Award judging team scoring (which may be different from Sub-Region or Americas Region Grant Award judge scoring), a total of five (5) Global Grant Award recipients will be identified, each of which will receive a USD $10,000 Global Grant award. All Global Grant Award finalists not receiving the Global Grant award (i.e. a total of 10 entrants) will receive a USD $5,000 Grant Award.
- By March 15, 2022: Necessary documentation is completed, the Grant funds are awarded and work on the Global Grant Award Recipient Project and on the remaining Regional Grant Award Recipient Projects commences.
- By August 30, 2022: All Projects are fully completed, and all created images and/or video are provided to FUJIFILM Corporation and the applicable Fujifilm Regions for display and publication as outlined in the applicable Program Official Rules.
As indicated, as a condition of any Grant Award in connection with this Program, the Project must be completed by the Applicant by August 30, 2022. Should circumstances arise that delay completion of the project, Grant Award Recipients must submit timeline changes in writing to the applicable Fujifilm representative promptly, for Fujifilm’s approval, which Fujifilm may withhold in its sole discretion. Any timeline changes must be agreed to by Fujifilm.
Submission Criteria. Each Submission must be submitted by an Eligible Applicant and must consist of a written Project summary (provided in English, and in scanned, PDF format) which addresses each of the following questions, in under 1,500 words:
- Objectives – What are the objectives of your project?
- Design and implementation – What is your project design and timeline?
- Evaluation and outcome measures – How will the effectiveness or results of your project be evaluated?
- Community issue or impact – What third parties and/or community groups will participate? How will publication of, and drawing attention to your Project benefit this community?
- Communications – Other than through Fujifilm’s efforts if you are a Grant Award Recipient, how will your project be communicated to the public?
- Fujifilm Partnership – How will you take advantage of the mentoring and other resources offered by Fujifilm as part of the Grant Award?
Each Submission must also include the following (not to be part of the 1,500 word limitation):
- A description of your proposed budget, describing how the Grant Award funds would be used, including an indication (by line item) of how any given Grant Award from the Program would be allocated.
- A CV or resume of the Applicant and each of the intended Project team members.
The Submission and Project must be completely original and unpublished. No part of the Submission or Project may have been previously created or previously published.
Each Submission and all other required information must be submitted solely in the English language. Notwithstanding this, Fujifilm will make reasonable efforts to attempt to accommodate conducting any necessary Applicant interviews in the language of the Applicant’s choice. Submissions must comply with the Submission Criteria and the Content Restrictions set forth in these Sub-Regional Program Official Rules. Fujifilm reserves the right to cancel or modify the Program (as to any particular Fujifilm Region or Sub-Region, or as to the Global Award Program) at its discretion in the event it determines that an insufficient number of applications are received. Limit one (1) application/Submission per person. All required elements of an application must be submitted at the same time, as part of one Submission. The complete Submission must be received by Fujifilm, in the manner set out above, within the Program Application Period.All Applicants must have a valid email address. No automated entry devices and/or programs permitted. Receipt of entries will not be acknowledged or returned. Fujifilm is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt. Any attempt by any Applicant to obtain more than the stated number of entries by using multiple/different accounts, identities, registrations and logins, email addresses, or any other methods will void that Applicant’s entries and that Applicant may be disqualified. Note that in the event of a dispute, the authorized account holder of the email address used to register on the account will be deemed to be the Applicant. The potential Grant Award Recipients may at Fujifilm’s option be required to show proof of identification, of residency and of being the authorized email account holder. By applying, each Applicant represents and warrants that the information contained in his/her Submission is true and correct in all material respects and that Fujifilm may rely on such information. In addition, each Applicant represents and warrants with respect to his/her Submission: (a) the Submission (and Project described therein) is entirely the Applicant’s own original creation; (b) the Submission and the Project (and all aspects thereof) have not previously been created or published to the best of the Applicant’s knowledge after appropriate diligence to determine such; (c) the Submission (and the Project described therein) meets the requirements outlined in these Sub-Regional Program Official Rules; (d) the Submission, and the production, development, execution, display, publication, communication, reproduction and use of the Project described in such Submission, will not violate or infringe on any intellectual property or other rights of any third party; and (e) the Submission (and the Project described therein) is in all respect free and clear of any claims or rights of third parties.
Content Restrictions: The Submission and the proposed Project outlined therein:
- Must be original works produced by the Applicant, and all intellectual property rights therein must be owned by the Applicant.
- Must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity, or any other intellectual property rights.
- Must not in any way disparage Fujifilm or any third party.
- Must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous, or libelous.
- Must not contain material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
- Must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States or Canada.
- Must be in compliance with all applicable laws, rules, regulations and legal requirements; and
- Must be consistent with and satisfy the purpose of the Program.
Each Applicant acknowledges that other applicants may have used ideas and/or concepts in their Submissions that may be similar in idea or concept to what is included in applicant’s Submission. Each applicant understands and agrees that he/she shall not have any claim against Fujifilm arising out any such similarity or be entitled to any compensation because of any such similarity.
Use of Submissions. By submitting a Submission, each Applicant automatically grants Fujifilm and its affiliates and their contractors and licensees a royalty-free, irrevocable, perpetual, non-exclusive license to use and copy his/her Submission, in whole or in part, as Fujifilm may determine to be necessary and appropriate in connection with the Program review, selection, verification, award, mentoring, reporting and publication/posting process, as outlined herein.
Judging and Selection of Grant Award Recipient. At the end of the Program Application Period, the Fujifilm America Region designated judges (to consist of at least 3 individuals that have been selected based on experience in the photography community, and to potentially include both Fujifilm management level personnel and photographers participating in Fujifilm’s X-Photographer program) will review and score each Submission received (and the proposed Project outlined therein) based on the following criteria areas, each equally weighted (at 20% each):
- Relevance of the Project to the Program Objectives, and Applicant’s Adherence to the Submission Criteria
- Appropriateness of the Project story to be told using GFX System Products
- Creativity and Uniqueness of the described Project
- Achievability/Execution (Feasibility of the Project, overall budget size, likelihood the Project will be able to be completed as outlined and need for community awareness the Project addresses)
- Applicant background and photography / videography experience and abilities
In the case of a tie, the Submission with the highest score in the criteria referenced in #2 above will be selected.
Grant Award Process and Grant Recipient Selection. A total of eight (8) Sub-Region finalists will be identified for the U.S. and Canada Sub-Region of the Fujifilm Americas Region by the designated Fujifilm judges (a minimum of 3) for that region (the “Sub-Region Finalists”). Sub-Region Finalists will be identified based on the 8, Sub-Region Submissions that receive the highest scoring from the Fujifilm judges. The scoring criteria set forth above will be applied by the Judges, with equal (20% each) weighting of the five (5) specified scoring criteria. Once the 8, Sub-Region Finalists have been identified, the Sub-Region Finalists will be combined with two (2) finalists from the Latin America sub-region, and the required, 30 minute Zoom (or similar) interviews will be scheduled and conducted with each of the ten (10) Fujifilm Americas Region finalists. Based on the combined interview and Submission scoring of the Fujifilm Americas Region judges (applying the same scoring criteria as outlined above), a total of three (3) Fujifilm Americas Region finalists for the Global Grant Award will be identified (the “Americas Region Global Grant Finalists”). Each of these 3, Americas Region Global Grant Finalists will be guaranteed a regional, USD $5,000 Grant Award, and each will have the chance to be considered for the Program Global Grant Award.
In accordance with the Timing set forth above, the Fujifilm Global Grant judging team (a minimum of 3 individuals) using the same scoring criteria referenced above will review the Submissions from the fifteen (15) Global Grant Finalists from all participating Fujifilm Regions. A total of five (5) Global Grant Award recipients will be identified based on the Submission scoring assigned by the Fujifilm Global Grant judging team (which may be different from that of the Sub-Region or Americas Region Grant Award judging team’s scoring) (each, a “Global Grant Award Recipient,”) from the pool of Global Grant Finalists across all participating Fujifilm Regions. Each Global Grant Award Recipient will receive a USD $10,000 Global Grant (the “Global Grant”) to plan and execute the Project outlined in his/her Submission. Any of the 15 Global Grant Award Finalists not being awarded a Global Grant Award will receive the regional USD $5,000 Grant Award (becoming a “Regional Grant Award Recipient”). All Regional Grant Award Recipients and the Global Grant Award Recipients (collectively, the “Grant Award Recipients”) will be required to start the execution of their respective Projects as described in the Submission, in accordance with the timetable referenced above, and to complete the Project and submit a full recap and report on the success of the Project by August 31, 2022. In the event that a Grant Award Recipient fails to comply with the Program requirements and timelines, the Grant Award Recipient agrees to reimburse Fujifilm the entire amount of the Grant Award if notified in writing by Fujifilm of such failure and the Grant Award Recipient fails to cure such failure within ten (10) business days from the date of such notice.
Each grant will be awarded in the form of a check, wire transfer, or other payment method, which will be provided upon final Grant Award Recipient confirmation and verification. In addition, the Grant Award Recipients will receive a loan of certain GFX System digital camera and lens equipment (which loan will be made pursuant to the terms of a separate Fujifilm Equipment Loan Agreement which each Grant Award Recipient must execute as a condition to receiving such equipment), and Fujifilm personnel mentoring and assistance in using the GFX System equipment to create the images and/or video as outlined in the Submission. Recipients must adhere to the schedule outlined in the Submission and will be required to submit monthly budget and project updates. The Grants are non-transferable. All taxes and expenses not specifically listed herein are the responsibility of the Grant Award Recipients. No skill-testing question will be required of any Canadian resident (excluding Quebec) Grant Award Recipient in connection with this Program.
The Approximate Retail Value (“ARV”) of each Regional Grant Award to be awarded under the Program is USD $5,000, in addition to mentoring and support from Fujifilm equal to at least USD $2,000 , an estimated value of USD $11,500 for use of the loaned GFX System equipment throughout the Project, and a total potential Tax Gross-Up Payment (as referenced below, applicable to U.S. and Canada residents only) of USD $750 (for a total ARV of the Regional Grant Award of up to USD $19,250). A total of Ten (10) Recipients shall receive a Regional Grant Award in connection with this Program. Aggregate ARV of all Regional Grant Awards to be awarded is estimated at up to USD $ 55,500 for the Americas Region and an estimated total of up to USD $104,500 globally.
The ARV of each Global Grant Award is USD $10,000, in addition to mentoring and support from Fujifilm equal to at least USD $2,000, an estimated value of USD $11,500 for use of the loaned GFX System equipment throughout the Project, and a total potential Tax Gross-Up Payment (as referenced below, applicable to U.S. and Canada resident only) of USD $1,500 (for a total ARV of the Global Grant Award of up to USD $25,000). The Global Grant Awards will be awarded without regard to Fujifilm Region; hence it is possible that no Fujifilm Americas Region Applicant, and/or that no U.S. or Canada resident, will receive a Global Grant Award. A total of Five (5) Recipients shall receive a Global Grant Award in connection with this Program. Aggregate ARV of all Global Grant Awards to be awarded is estimated at up to USD $125,000.
The total ARV of all Grant Awards offered in connection with the Program is estimated at up to USD $229,500.
Each Grant Award Recipient is solely responsible for reporting and paying any and all applicable federal, state, provincial, and local taxes due in connection with the Grant Award received. Without limitation, any U.S. resident Grant Award Recipient will be required to complete and submit an appropriate IRS Form W-9. Failure to submit a complete IRS Form W-9 will result in forfeiture of the grant. Receipt of the grant is conditioned upon compliance with all applicable federal, state, provincial and local laws, regulations and these Sub-Regional Program Official Rules.
The chances of receiving a Grant Award will depend upon the number and quality of Submissions received in the Fujifilm Americas Region and in the U.S. and Canada Sub-Region. The names of all Grant Award Recipients in connection with the Program will be published at www.fujifilm-x.com within 30 days of the completion of awarding the Grants to all Grant Award Recipients.
Gross-Up Payment for U.S. and Canada Resident Grant-Related Taxes: Any Global or Regional Grant Award Recipients who reside within the U.S. or Canada (but only such recipients) will also receive a single cash payment in the form of a corporate check which is intended to assist with any federal, state, provincial, or other tax obligations related to the Grant (the “Tax Gross-Up Payment”). The amount of Tax Gross-Up Payment for Regional Grant Award Recipients will be U.S. $750, which is computed based upon the actual, estimated retail value of the Regional Grant Award provided (i.e. USD $5,000) with the assumption that the Grant Recipient’s combined tax rate for all federal, state, provincial, and other tax obligations related to such grant is fifteen percent (15%). The Tax Gross-Up Payment for Global Grant Award Recipients will be USD $1,500, calculated on the same basis, which is based on the USD $10,000 Global Grant Award. The Tax Gross-Up Payment is intended to assist with any federal, state, provincial, or other tax obligations related to the Grant. Any Grant Award Recipient that is a resident of the U.S. or Canada specifically acknowledges that the Tax Gross-Up Payment may not be sufficient to cover his or her entire tax liability related to Grant received. Fujifilm will comply with all tax reporting requirements, including a Form 1099-MISC (as applicable) issued to each U.S. or Canada resident Grant Award Recipient.
Grant Award Recipient Notification. Each selected Sub-Regional finalist and then each selected Fujifilm Americas Region finalist for consideration of a Global Grant Award will be notified via email in accordance with the Timeline set forth above. Each of the three (3) selected Fujifilm Americas Region finalists for the Global Grant Award, at Fujifilm’s option, may be required to sign and return an Affidavit or Declaration of Eligibility, Liability/Publicity Release and/or rights transfer document (including license for Fujifilm and its parent and affiliates to use the final images and/or video produced in connection with the Project, to advertise, promote and bring awareness to the Program and the Grant Recipient’s Project), and provide proof of identity, residency, age, and other qualifications, within 5 business days, and to confirm his/her willingness to accept the provided Grant Award and implement the Project as Submitted. The potential U.S. or Canada resident Grant Award Recipient, must also provide his or her social security number or other identification[A1] , and as stated will be responsible for all taxes relating to any provided Grant Award. If a potential Sub-Regional finalist or Fujifilm Americas Region finalist for the Global Grant Award cannot be contacted reasonably after the first notification attempt, if any component of the notification is returned as undeliverable, if any potential Grant Award Recipient rejects the grant (or any portion thereof), or in the event of noncompliance with these Sub-Regional Program Official Rules, such Grant Award Recipient’s grant will be forfeited and will be awarded to the Global Award finalist applicant with the next highest score as judged by Fujifilm’s applicable Global team of judges, without regard to Region of residency.
Each Grant Award Recipient, at Fujifilm’s option, may be required to sign and return an Affidavit or Declaration of Eligibility, Liability/Publicity Release and/or rights transfer document (including license for Fujifilm and its parent and affiliates to use the final images and/or video produced in connection with the Project, to advertise, promote and bring awareness to the Program and the Grant Award Recipient’s Project), and provide proof of identity, residency, age, and other qualifications, within 5 business days, and to confirm his/her willingness to accept the Grant Award and implement the Project as Submitted. The Affidavit or Declaration of Eligibility, Liability/Publicity Release and/or other document provided by Fujifilm will include a release and indemnity from the Grant Award Recipient for all claims, damages, liabilities, and expenses which may arise in connection with the Grant Award Recipient’s Submission, Project, and Project-related activities or actions. The potential Grant Award Recipient, if resident in the United States, must also provide his or her social security number[A2] , and as stated will be responsible for all taxes relating to the Regional Grant Award or Global Grant Award to be received. If the potential Grant Award Recipient cannot be contacted reasonably after the first notification attempt, if any component of the notification is returned as undeliverable, if the potential Grant Award Recipient rejects the grant (or any portion thereof), or in the event of noncompliance with these Sub-Regional Program Official Rules, such Grant Award Recipient’s grant will be forfeited and may, at Fujifilm’s option, either not be awarded or be awarded to the Sub-Region Applicant with the next highest score as judged by the Fujifilm Americas team of judges.
Use of Grant Award Recipient’s Name and Likeness and General Release. Participation in the Program and acceptance of a Grant Award in connection with this Program constitutes permission for Fujifilm, its parent and affiliates, and their contractors and licensees to use the Grant Award Recipient’s name, address (city, state/province and country), likeness, photograph, picture, portrait, voice, biographical information, Submission, Project progress, Project results and any images and/or video produced as part of the Project to advertise and promote the Program and the Project (including media outreach and press releases), in any form, including without limitation on its web sites and on social networking sites (i.e., Facebook, YouTube, Twitter, etc.), without notice or additional compensation, except where prohibited by law. BY ACCEPTING A GRANT AWARD IN CONNECTION WITH THIS PROGRAM, EACH GRANT AWARD RECIPIENT GRANTS FUJIFILM (AND ITS PARENT AND AFFILIATE COMPANIES) THE RIGHT TO POST THE PROJECT IMAGES AND/OR VIDEO, IN WHOLE OR IN PART, WITH OR WITHOUT FUJIFILM’S OWN CONTENT (INCLUDING WITHOUT LIMITATION IN COMBINATION WITH OTHER IMAGES AND/OR VIDEO INCLUDING OTHER GRANT AWARD RECIPIENTS’ IMAGES AND/OR VIDEO), ON ITS WEBSITES AND SOCIAL MEDIA SITES WITHOUT ANY ADDITIONAL PERMISSION OR COMPENSATION BEING REQUIRED.
By participating, Applicants and the Grant Award Recipients agree to release, indemnify and hold harmless Fujifilm, its licensees, advertising and promotion agencies, and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, (the “Released Entities”) from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, participation in, judging of, and grant awards issued in connection with, the Program or the Applicant’s Submission, or possession, acceptance and/or use or misuse of the Grant Award, or otherwise participation in any Program-related activity, including without limitation, the receipt of any mentoring or support from Fujifilm, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action to the extent caused by the applicant or the Applicant’s Submission. Fujifilm is not responsible if the Program cannot take place or any referenced Grant Award cannot be awarded due to acts of God, acts of terrorism or war, natural disasters, pandemic, epidemic or similar circumstance (including regulations relating thereto), weather, or any other contingency or circumstance occurring beyond its control.
Additional Terms. Fujifilm reserves the right, in its sole discretion, to cancel, terminate, modify, extend, or suspend the Program (as to the Fujifilm Americas Region or Sub-Regions, or otherwise) should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Program. In such case, Fujifilm may determine to award the grant award from among all eligible entries received prior to and/or after (if appropriate) the action taken by Fujifilm. Fujifilm reserves the right, at its sole discretion, to disqualify any individual it finds, in its discretion, to be tampering with the application process or implementation of the Program.
Limitation of Liability. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF APPLICANTS’ PARTICIPATION IN THE PROGRAM, USE OR COPYING OF ANY SUBMISSIONS PROVIDED BY APPLICANTS AS OUTLINED HEREIN, ACCEPTANCE OR USAGE OF THE GRANT OR ANY MENTORING RECEIVED IN CONNECTION WITH THE GRANT PROGRAM OR ANY PORTION THEREOF, OR POSTING OR OTHER PUBLICATION OF THE FINAL PROJECT IMAGES AND/OR VIDEO, INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAMAGES FOR BODILY OR PERSONAL INJURY, EVEN IF FUJIFILM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Governing Law. THESE SUB-REGIONAL PROGRAM OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS WITH RESPECT TO THE FUJIFILM AMERICAS REGIONAL PROGRAM SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, USA[A3] WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Sub-Regional Program Official Rules and/or in connection with the applying of any judgment on an arbitration award in connection with these Sub-Regional Program Official Rules and/or the Program, all Program participants irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of New York. Participants in the Program agree not to raise the defense of forum non-convenience. In the event there is a discrepancy or inconsistency between statements contained in any Program materials and the terms and conditions of the Sub-Regional Program Official Rules, the Sub-Regional Program Official Rules shall prevail, govern, and control.
Further Information. For additional information, visit the Program website at www.FujifilmGFXGlobalGrant.com