Terms and Conditions

Ignite your creativity outdoors

The following terms of participation ("Terms") apply to the challenge.

1. Sponsor and Organisation

1.1 The challenge is sponsored by OM Digital Solutions GmbH, Willy-Brandt-Strasse 23, 20457 Hamburg, registered in the commercial register of the local court of Hamburg, Germany, under number HRB 163550 and with VAT ID number DE334687531 (hereafter: "OM Digital Solutions", "we", "us").

1.2 The challenge will be launched on explore.omsystem.com and is not connected to any social media platforms on which the challenge may be advertised.

1.3 The goal of the challenge is for participant to submit their most creative photo captured outdoors. Out of all submissions submitted in compliance with these Terms, a winner will be chosen by a jury who will receive the prize specified below.

2. Entry Period

The entry into the challenge is possible from 24 October 2024 until 3 January 2025 23:59 Central European Time / 17:59 East-coast US Time and Tuesday, January 2 08:59 Australian Eastern Daylight Savings Time by submitting the entry on explore.omsystem.com.

3. Eligible Participants

3.1 The challenge is open to any person over 18 years of age with a habitual residence in the European Economic Area (EEA) region, United Kingdom, United States of America, Canada, Australia, New Zealand, Hong Kong, Thailand, Singapore, Taiwan, Malaysia or India.

3.2 Employees of OM Digital Solutions or affiliates or persons entrusted with the conduct of the challenge as well as their relatives and life partners are excluded from participation.

3.3 Each person may only submit one photo.

3.5 In the event of a breach of these Terms, we reserve the right to exclude persons from the challenge, to not award prizes or to subsequently reclaim prizes.

4. Prize

The winner will receive the following:

(a) A 7-day photo tour of Japan guided by OM SYSTEM Ambassador Lisa Michele Burns for 2 people (valued at approx. $12,300 USD / 11,300€ EURO).

(b) Flights from the major international airport in the country of habitual residence of the winner to the voyage departure location in Tokyo, Japan.

4.2 The trip is subject to the winner's acceptance of the general conditions set out by our cooperating tour operator Lisa Michele Burns (The Wandering Lens and Travel Photography Courses) and the respective airline, as well as applicable immigration, customs and visa requirements of the country of destination. The place of departure is a major international airport in the country of habitual residence of the winner. The journey to or return journey from the respective place of departure airport will be organized by the winner and the costs for this will be borne by the winner. The same applies to all private costs incurred during the trip (including without limitation, minibar, telephone, etc.). The winner is also responsible for fulfilling any necessary entry requirements set forth in these Terms.

5. Requirements for Participation

5.1 No purchase is necessary to participate in the challenge, and the purchase of products from OM Digital Solutions does not enhance a participant’s chances of winning. The participant must register via the landing page explore.omsystem.com and complete the entry form with their personal information (name, age, country of habitual residence, email address). They must further answer whether they already own an OM SYSTEM / Olympus product branded product and their favourite photography genre.

5.2 The participant must allow us to send the participant - subject to the withdrawal - our email newsletter. No additional fee is payable by the participant.

5.3 The participant has to accept these Terms before completing the registration.

5.4 In order to enter the challenge, the participant must submit their most creative photo captured outdoors. Such photo may be taken via a camera or smartphone.

5.5 By submitting a photo, the participant acknowledges and warrants the following:

(a) Originality and Ownership: The photo is the participant's original work, and they own all rights to it, including any post-processing, without infringing on third-party rights. The photo is not an AI-generated image.

(b) Permissions for Featured Subjects: The participant has obtained necessary permissions for any people featured, including signed model releases for recognizable individuals.

(c) Photo Resolution and Format Requirements: Photos must be submitted in JPEG format, with a minimum resolution of 300 dpi, and a file size no larger than 20MB. RAW image file may be requested of the winner.

(d) Ethical Guideline: Photos may not contain illegal, unethical, harmful, or offensive content that violates applicable law or any community standards. This includes, but is not limited to photos that depict violence, discrimination, harassment, illegal activities, substance abuse or any other behaviour deemed inappropriate in OM Digital Solutions' sole discretion or that is otherwise in violation of the principles of this challenge.

(e) License: By entering, participants grant OM Digital Solutions the right to use their submitted photo for promotional purposes in relation to the challenge, including but not limited to publication on our website, social media, and other platforms. We will ensure that the participant is credited as the creator of the photo in each case.

5.6 A photo containing or depicting the following will be immediately disqualified and is not considered in the challenge:

(a) Photos in breach of the requirement of this clause 5;

(b) AI-generated images;

(c) Images that have been excessively edited or digitally altered beyond what is appropriate for the specific category or genre of the challenge;

(d) Photos in breach of the Ethical Guidelines (cf. clause 5.5 (d));

(e) Any entries depicting or promoting illegal activities;

(f) Photos containing commercial content that promotes any product or service other than those related to the challenge or our own brand.

5.7 Any entry that does not comply with the requirements set out in these Terms in general and the requirements of this clause 5 in particular will be deemed invalid.

6. Determination of Winner and Handover

6.1 The winner will be determined on 23 January 2025. All submissions submitted during the entry period will be reviewed by a jury and which will select the winner that will receive the prize. The jury will decide on the winner based on the criteria of creative expression, originality and technical excellence in the image submitted for judging.

6.2 The challenge is designed as a game of skill. A jury, consisting of 6 people (2 of our employees and 4 photographers) will review the entries and select a winner at their discretion. The winners will be notified by email after selection of the winner by the jury and will be asked to provide a shipping address for their prize within the European Economic Area (EEA) region, United Kingdom, United States of America, Canada, Australia, New Zealand, Hong Kong, Thailand, Singapore, Taiwan, Malaysia or India.

6.3 We will publish the winner's entry on our social media platforms and through other communication channels (e.g. website, newsletter etc.).

6.4 If the winner does not respond within 7 days after our notification by email, the jury may select a new winner in accordance with clause 6.1 who will then be notified accordingly.

6.5 After notification and response by winner, the winner will receive further information on the tour by email. The camera kit will be sent by standard shipping to the winner's shipping address free-of-charge. A cash payment of the prize or a substitution of the prize is not possible. The claim to the prize cannot be assigned. If the winner cannot take part in the trip – irrespective of the reason behind it – the winner will forfeit the prize and may not participate on a similar trip at our cost at a later date.

7. Responsibilities

7.1 We are not responsible if participants are unable to connect to the landing page due to a technical fault or any of the following exemplary but not exhaustive reasons: (1) network overload, (2) electrical or human error, (3) malicious intervention, (4) a problem attributable to the telephone line, (5) hardware or software problem, (6) hardware or software malfunction, (7) emergency (8) interruptions that may affect the smooth running of the challenge.

7.2 We are not responsible if data, for whatever reason, in connection with the registration or submission of a participants' entry does not reach us, is illegible or impossible to process.

7.3 For habitual residents of the United States of America the following applies:

(a) We are not responsible for the organization or implementation of the prize trip, or for any injury or death occurring while traveling to, from or during the trip.

(b) We are not responsible for paying or reimbursing the challenge winner for any taxes that may be due as a result of the prize. All participants acknowledge that we may have to send certain tax forms to the winner.

8. Data Privacy

8.1 Legal basis and purposes of the data processing

8.1.1 We use your personal data provided in the context of participation in the challenge for the purpose of managing the challenge. The legal basis for the processing of the personal data within the scope of the challenge is Art. 6 (1) (b) GDPR.

8.2.2 Furthermore, we use your personal data (name and country of residence) to publish the winner's entry on our social media platforms and through other communication channels (e. g. website, direct communication channels, newsletter etc.). The legal basis for this purpose is our legitimate interest according to Art. 6 (1) (f) GDPR and applicable legal requirements. Our legitimate interests are that publishing the winners' names to our social media and in our newsletter will provide the challenge with a degree of seriousness. Furthermore, we have a legitimate interest in the promotion of the challenge.

8.1.3 For habitual residents of the United States of America the following applies:

By accepting these Terms and participating in the challenge, each participant gives us permission to photograph and/or record the participant, including name, image, likeness and voice, via videotapes, photographs, films, tapes, digital media, or any other media (“Material”), and to use the participant’s name, likeness and biographical information in connection with our activities (the “OMDS Activities”) which may include, without limitation, press releases, newsletters, websites and other public announcements. Each participant understands that they will not be paid for this use by us, and further gives us permission to edit any photographs or recordings of the participant at our discretion, and to incorporate them into digital publications, print publications, electronic publications, software, movie and sound films or tapes, broadcasts (radio, television and Internet), programs, social media posts, or otherwise, and to use and license others to use the foregoing in all manner of media now known or hereafter developed, including unrestricted use for purposes of publicity, advertising and sales promotion, and to use the participant’s name, likeness, voice, and biographic or other information in connection therewith. OM Digital Solutions exclusively owns all rights to any Material made in connection with the OMDS Activities.

8.1.4 We process your e-mail address and your name to send you, our newsletter. The legal basis for this purpose is your consent according to Art. 6 (1) (a) GDPR. You can withdraw your consent at any time by sending us your withdrawal to the contact information above. Please note that this does not affect the lawfulness of processing for the time prior to our receipt of your withdrawal of consent.

8.2 In order to participate in the challenge, we need the following personal data from you:

Name,
Country of residence,
E-mail address,
Your selected image and
If you already own an OM system or Olympus product.
What your favourite photography genre is

In case you are the winner we also need your postal address in order to send you the camera kit. The provision of your personal data requested in the context of the use of the service is necessary for participation in the challenge. Without this information, the service cannot be performed. We will retain this information for the period required for retention for legal compliance purposes.

8.3 We share your personal data within the OM Digital Solutions group of companies for the purposes described above. These include OM Digital Solutions Americas Inc. and OM Digital Solutions Australia Pty Ltd. Insofar as we process data in a third country, bodies or companies outside the EU or EEA, this will only be done in accordance with the applicable statutory provisions. In case you are the winner of the challenge we will disclose your name and country of residence in our e-mail newsletter and on our social media presences, which include Instagram and Facebook.

8.4 California residents have certain rights under the California Consumer Privacy Act of 2018 (as amended, “CCPA”) to request information about personal information collected about them, to request deletion of personal information and certain other rights as set forth in the CCPA. All such requests may be submitted by email to [EMAIL ADDRESS] or through our website.

8.5 For more information on the contact details, the controller, your data subject rights, international data transfers and retention periods please visit our privacy notice.

9. Premature Termination of the Challenge

We reserve the right to suspend, modify or terminate the challenge, in whole or in part, without deciding on a winner and awarding the prize, if for legal or technical reasons the proper conduct of the challenge is prohibited or cannot be guaranteed.

10. Miscellaneous

10.1 The challenge shall be void where prohibited by law. Should a provision of these Terms be or become ineffective, then the validity of these Terms as a whole remains unaffected.

10.2 Legal recourse is excluded. The law of the Federal Republic of Germany is exclusively applicable. If you are a consumer, the application of mandatory legal provisions of the country of your habitual residence shall remain unaffected by the choice of German law. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside the consumer’s trade, business or profession.