Photo Contest Terms and Conditions
Content Provider Terms and Conditions
By using hashtag #yesdawson in response to a request from Visit Dawson City to use your content, or by submitting your content through email or online uploader, you hereby agree to grant the Klondike Visitors Association (Visit Dawson City), Government of Yukon (Travel Yukon), and Air North (Fly Air North) license rights to use your content as outlined in these terms and conditions. Visit Dawson City, Travel Yukon, and Fly Air North also agrees to abide by these terms and conditions. You acknowledge that these terms and conditions constitute legally enforceable promises that you are making to Visit Dawson City, Travel Yukon, and Fly Air North and you also acknowledge that Visit Dawson City, Travel Yukon, and Fly Air North are relying on your promises to conduct its business and will incur expenses in doing so. Please read the terms and conditions of this Agreement carefully.
You must be 18 years of age or older and have the legal right to enter into this Agreement and to grant the rights to use your content, as outlined in these terms and conditions, with Visit Dawson City, Travel Yukon, and Fly Air North.
Ownership of Content
You warrant that the image, video, audio, graphics, text, or code (“Content”) shall be free and clear of any claim, right or encumbrance that would limit or restrict the rights granted to Visit Dawson City, Travel Yukon, Fly Air North in these terms and conditions and that the use of the content by Visit Dawson City, Travel Yukon, and Fly Air North in accordance with the rights granted to Visit Dawson City, Travel Yukon, and Fly Air North shall not violate any copyright, trademark, moral right, right of privacy or right of publicity, or infringe or misappropriate any intellectual property rights of any third party. You warrant that you have all the necessary rights, title and interest to grant the rights set forth in these terms and conditions with Visit Dawson City, Travel Yukon, and Fly Air North.
You warrant that you have obtained model releases for all individuals who appear in the Content, including children under eighteen years of age where release is obtained from their parent or guardian.
Voluntary Assignment of Rights
You warrant that you are voluntarily providing Visit Dawson City, Travel Yukon, and Fly Air North with the rights to use your Content according to these terms and conditions and will not receive any compensation or payment from Visit Dawson City or Travel Yukon for these rights. Neither you nor your successors, heirs, legal representatives and assigns will receive or solicit payment for such rights at any point in time.
Rights to Use Content
You hereby grant to Visit Dawson City, Travel Yukon, and Fly Air North a non-exclusive, perpetual, worldwide, sub licensable, royalty-free license to use, access, load, download, store, install, copy, publish, distribute, communicate, exhibit, produce, reproduce, print, broadcast, display, sub-license and/or assign (hereinafter to “use” or “make use”) the Content for non-commercial purposes. Visit Dawson City, Travel Yukon, and Fly Air North are under no obligation to use the Content. All rights for use of the Content granted to Visit Dawson City, Travel Yukon, and Fly Air North in this Agreement are applicable in any and all media, including but not limited to print, electronic and digital media for advertising, marketing, promotion, education, publicity, public relations and/or editorial purposes. Except for Visit Dawson City’s and Travel Yukon’s license rights contained in this Agreement, you continue to own all rights in and to the Content. To the extent your Content contains other materials or elements owned by Visit Dawson City, Travel Yukon, and Fly Air North or any third party licensors, such as characters or other elements protected by copyright, trademark or other laws, your rights to make use of the Content will continue to be governed by and may be limited by other applicable laws, the rights of third parties and by Visit Dawson City, Travel Yukon, and Fly Air North.
Credit for Content
Visit Dawson City, Travel Yukon, and Fly Air North shall exercise reasonable efforts to include credit to you when using the Content, provided that the details such as your name and/or social media identity (handle) are included by you. You voluntarily agree to waive all moral rights in favour of Visit Dawson City, Travel Yukon, and Fly Air North and under no circumstance shall a failure to include credit by Visit Dawson City, Travel Yukon, and Fly Air North its directors, officers, agents, employees or sub licensees constitute a breach of this Agreement.
You shall at all times indemnify and hold harmless Visit Dawson City or Travel Yukon, its directors, officers, agents, employees and any others for whom it may be responsible in law, from and against all losses, claims, demands, awards, judgments, actions and proceedings by whomsoever made, brought or prosecuted, resulting from or arising out of, attributable to or in any way connected with this Agreement and whether or not caused by your negligence, including without limitation any actions brought by third parties alleging infringement or misappropriation of intellectual property rights in and to the Content, except to the extent to which such loss or damage has arisen out of Visit Dawson City’s or Travel Yukon’s negligence. You further agree that neither you nor your successors, heirs, legal representatives and assigns will commence proceedings against Visit Dawson City or Travel Yukon regarding copyright or moral rights in the Content.
You shall comply with all laws applicable to the performance of your obligations under this Agreement. You agree that all matters relating to this Agreement shall be interpreted in accordance with the laws applicable in the Yukon Territory and the federal laws of Canada applicable therein, without reference to its conflict of law provisions, and the parties agree to the exclusive jurisdiction of the Courts of the Yukon Territory. This Agreement shall ensure to the benefit of, and be binding upon, the successors, heirs, legal representatives and assigns of each of Visit Dawson City, Travel Yukon and you, as applicable.