WMA Open Submission Terms & Conditions


WMA is a series of non-profit programmes developed to spark awareness and engage the public on social issues of great importance to Hong Kong through visual images, with a view to fostering positive societal change. WMA believes that art can be a powerful means to raise the awareness of social concerns. Each year, a theme is chosen for the programmes. Themes explored included “Poverty”, “Air”, “Waste”, “Identity”, “Mobility”, “Transition”, “Opportunity” and “Light”.

Among the programmes, WMA Open welcomes every member of the public to submit themed images and engage in discussions over them. WMA Open was created to serve as a public platform for discussion and a springboard for social transformation.

To continue the conversations sparked by the submissions, WMA Open maintains an archive of images that are accessible for educational and non-commercial uses under [Creative Commons Attribution-NonCommercial 3.0 Hong Kong License (the “License”)]. The submissions also document the photographic history of contemporary Hong Kong.

Eligibility

Submission is open to all members of the public. Photographs must be taken in Hong Kong and be relevant to the chosen theme.

By submitting to WMA Open, you agree to be bound by these rules.

Each photographer can upload unlimited series of work (with 5 photos at most for each set of work). All photos have to be a minimum of 1440×1080 px in JPEG/JPG format.

By submitting, the photographer acknowledges that employer, client and/or subject have copyright release or model release giving permission for the image to be published or exhibited in connection with the WMA Open and that he/she is the author of the work as defined in the Copyright Ordinance of Hong Kong (Cap. 528) and any other relevant local legislation.

WYNG Foundation reserves the right in its sole discretion to reject any submission it finds to be:

  • Violating the rules
  • Violating terms of use
  • Acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person
  • Any false or misleading information provided by any photographer
  • Containing obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content

WYNG Foundation has sole discretion on which photos to be released online in the archive.

WYNG Foundation accepts no responsibility for any submission that are lost, delayed, damaged, stolen, misdirected or mislaid. WYNG Foundation is not responsible for electronic transmission errors resulting in omission, interruption, deletion, or delay in operations or transmission, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind.

WYNG Foundation shall not be liable for losses or injuries of any kind resulting from:

  • Individual, joint or collective technical malfunctions of the telephone network and/or transmission line, internet connections, computer equipment, hardware and/or software
  • Any delay or distortion of a submission resulting from data transmissions that are garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, illegible or otherwise not in compliance with these Official Terms & Conditions. WYNG Foundation shall not be liable for damage to your computer (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to your participation in the WMA Open or downloading of information in connection with WMA Open. WYNG Foundation reserves the right to modify or cancel WMA Open in the event that any portion of any website used to administer any aspect of the WMA Open becomes technically corrupted.

By submitting, you warrant to WYNG Foundation that the submission is wholly original to you and not wholly or substantially copied from any other material and that the entry does not defame, cause injury to or invade the privacy of or otherwise infringe or violate any statutory, common law, regulatory or intellectual property rights of any third party. You agree to fully indemnify WYNG Foundation and any of the official partners of WYNG Foundation relating to WMA Open in respect of all royalties, fees and other monies owing to any person by reason of your breaching this rule.

Copyright

The photographer must be the sole author and owner of copyright, intellectual property and all other proprietary rights in all pictures entered. You agree for your work and content to be licensed under the License. For more details visit: https://creativecommons.org/licenses/by-nc/3.0/hk/legalcode. By submitting to WMA Open, you grant to WYNG Foundation a worldwide, perpetual, royalty-free, non-exclusive, irrevocable license to share and adapt any of the images, in whole or in part, for any purposes including, but not limited to:

  • Inclusion within websites of WMA Initiatives including but not limited to the WMA website, WMA Open website, WMA Masters, WMA Commission, WYNG Foundation website, social media or any related website, the exhibition catalogue or similar print or digital media, print publications, advertisements, social media or e-learning materials published by WYNG Foundation or those authorised by the Foundation to do so
  • Displaying the submission at public exhibitions promoting the WMA initiatives and the WMA Open
  • Inclusion within marketing and promotional materials (including emails, websites, social media and press packs) for the WMA initiatives
  • Sub-licensing the entries to the press for reproduction in connection with the WMA Open and any WMA exhibition
  • Allowing viewers of the Website to view images on a computer screen, PDA, tablet or mobile phone

There will be no monetary compensation for the above usage or for non-profit or non-commercial purposes.

Should WYNG Foundation be interested or approached to become involved in any commercial project concerning the works, the Foundation will contact the copyright holder, the photographer, to make a separate agreement for that project.

Right to Cancel or Suspend WMA Open

If for any reason the WMA Open or its archive is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of WYNG Foundation that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the WMA Open, WYNG Foundation reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the WMA Open. If WYNG Foundation elects to cancel or terminate the WMA Open, WYNG Foundation will not retain any rights in the submitted photographs.

Data Privacy

Photographers have the right to review, rectify, or cancel any personal data held by WYNG Foundation and any of the official partners, sponsors or associates by writing to WYNG Foundation.

WYNG Foundation collects personal and biographical information from photographers submitting their work on our website. The information is used only by WYNG Foundation for the purpose of the WMA Open and for contacting photographers. The public does not have access to this database.

In light of the new provisions in the Personal Data (Privacy) (Amendment) Ordinance 2012 on the use of personal data for direct marketing purposes have come into force since 1 April 2013, WYNG Foundation would ensure that all those who have signed on are well informed of the WMA Open’s latest news and/or events and activities, the organiser would continue to use email addresses provided for sending information regarding the WMA Open’s activities (including WMA Opens, seminars, workshops or other events organised or co-organised by WYNG Foundation), invitations, news and other relevant communications.

Personal data collected will not be transferred, sold, traded or rented in any form or through any means to other parties. Upon request at any time, WYNG Foundation would cease to use one’s personal data. Participants may opt-out from receiving the organiser’s communications or request to access and correct personal data at any time with an email to [email protected]

The WMA Open rules are governed by Hong Kong law. Any disputes arising between WYNG Foundation and any third party in relation to these WMA Open rules and or WMA Open shall be subject to the exclusive jurisdiction of the courts of the Hong Kong SAR.

WYNG Foundation acknowledges that the information is correct at the time of publication – WYNG Foundation reserves the right to amend any of the above without notice. If there are differences between the English and Chinese versions of the Terms and Conditions and other texts on the WMA Open website referring to the WMA Open rules and regulations, the English version of the Terms and Conditions shall prevail.