Terms and conditions for the Mental Health Foundation Image Library Submissions and Image Competition and Prize Draw

The Mental Health Foundation Image Library (the ‘MHF Image Library’) Image Prize Draw and Competition (the ‘Prize Draw’ and the ‘Competition’) is subject to the following Terms and Conditions (‘Conditions’) and by making a Submission (as defined below) you agree to be bound by them. The promoter for the Prize Draw and the Competition is the Mental Health Foundation ("MHF"). 

  1. By submitting an image or entering the competition, you warrant to MHF that all information submitted by you regarding yourself, your submission and your competition entry (where applicable) is true and accurate and complete in every respect. MHF reserves the right to verify any information provided in connection with your Submission.

How to enter

  1. In order to enter the Prize Draw and the Competition, you must submit an image for inclusion in the MHF Image Library between 10am on 9 November 2023, and 11.59pm on 10 December 2023 (the "Closing Date")(the "Submission Period")("Submission") via: https://www.mentalhealth.org.uk/get-involved/mental-health-photo-library/submissions. Any images submitted after the Closing Date will not be entered into the Prize Draw and/or Competition, but may still be included in the MHF Photo Library (at MHF's discretion).
  2. Subject to paragraph 4 below, Submissions are open to persons of any age who are resident in the United Kingdom, and also to persons who are resident outside of the United Kingdom provided that they able to enter the Competition and/or Prize Draw without breaching any law or regulation of the jurisdiction in which they are resident.
  3. Entrants may be required to provide proof of identity and if aged under 18, should be able to demonstrate to MHF’s satisfaction that their parent or guardian has given their consent to such entry. Where applicable consent has not been obtained, MHF reserves the right to remove the relevant entry from the Competition and/or the Prize Draw.
  4. Submissions included in the MHF Image Library will be entered into the Competition and the Prize Draw.
  5. There is no limit to the number of Submissions any one person can make, but each Submission can only be comprised of one image.
  6. An internet connection and access to photography equipment is required for entry, the cost of which MHF is not responsible for.
  7. Employees of MHF, their relatives or any agents can make Submissions, but they will not be entered into the Prize Draw and/or Competition. Submissions may, however, still be included in the MHF Photo Library.

Entry criteria

  1. In order to be entered into the MHF Image Library and, therefore, the Competition and Prize Draw, Submissions must (i) portray and depict activities that people undertake to look after their mental health; and (ii) be your own original image and not copied from a third party.
  2. In addition, images must meet the technical criteria required for entry into the MHF Photo Library, this being: images must be in a HIGH RESOLUTION format of at least 5 megapixels and 2000 x 2000 pixels. For technical reasons, entries that do not meet this criteria may not be eligible for entry in the MHF Photo Library.
  3. MHF will, acting reasonably, decide whether Submissions meet the criteria referred to in paragraph 8 above, and whether they will be included in the MHF Image Library.
  4. Contributors whose Submissions are included in the MHF Image Library will be notified by email, and will be entered automatically into the Prize Draw and the Competition ("Qualifying Submissions").
  5. Inclusion of a submission in the MHF Image Library is not an indication that the contributor has won the Competition and/or Prize Draw.

Competition

  1. An independent panel of judges will select a shortlist of finalist entries from the pool of Qualifying Submissions ("Finalist"). Finalists will be shared with members from Our Personal Experience Network (OPEN) who will select the overall winner based upon the number of votes that the Finalist receives. The Finalist with the most votes will win. The winner will be selected based upon how well they fulfil the requirements of the brief (per 8(i) above), technical skill, diversity, originality and creativity of composition in the opinion of the OPEN member.

Prize-Draw

  1. One winner for the prize draw will be drawn at random from all Qualifying Submissions by an independent person or under the supervision of an independent person.

Winners and prizes

  1. The prize draw winner will be selected and notified by 17 January 2024 at the latest, by email.
  2. The prize draw winners will receive a prize of a £500 high street voucher.
  3. One winner for each category for the competition will be selected and notified by 17 January 2024 at the latest, by email.
  4. The winner for each category for the competition will receive a prize of a £100 high street voucher.
  5. One overall winner will be selected from the category winners and notified by XXXX at the latest, by email.
  6. The overall winner for the competition will receive a prize of a £500 high street voucher.
  7. Prizes are subject to availability. There is no cash alternative for the prize. The Promoter reserves the right to substitute the prize with a prize of equal or greater value at its discretion.
  8. Prizes are not negotiable or transferable.
  9. If you are a winner or selected entry you will take part in and cooperate with reasonable publicity and to the use of your name and photograph in such publicity.

General

  1. The decision of MHF and where applicable, the judges, is final and no correspondence will be entered into concerning the Prize Draw and/or the Competition’s judging and organisation.
  2. MHF reserves the right in its absolute discretion to disqualify any Submission if it believes that an entrant has breached any of the Conditions, any applicable law (including without limitation copyright law) or has infringed the intellectual property of any other person. You acknowledge and agree that any failure to comply with the Conditions may lead to MHF disqualifying you, without MHF being required to give any reason for such disqualification or granting any opportunity for challenge.

Intellectual property rights and data protection.

  1. You hereby grant to Mental Health Foundation a non-exclusive, royalty-free, sub-licensable (through multiple tiers), transferable, worldwide licence to use any image comprised within any Submission for any purpose, including in the MHF Image Library where it will be freely available to the public for download.
  2. By submitting an image for inclusion in the MHF Image Library you waive all rights to the Submission under copyright law to the extend allowed by law, including moral rights arising under the Copyright, Designs and Patents Act 1988 and any broadly equivalent rights you may have in any territory of the world. You acknowledge that, via the MHF Image Library or other online photography libraries, the Submission can be downloaded copied, modified, distributed and shared by any medium, even commercially, without asking the permission of or crediting the photographer.
  3. In respect of your Submission, you confirm and warrant that in respect of each Submission that you make:
    1. you are the sole author and that they are your original work;
    2. you own the copyright and any other intellectual property rights applicable to your Submission;
    3. you have obtained permission of anyone pictured in the Submission (or, where the image shows any persons under 18, the consent of their parent/guardian) to use the relevant image for the purpose of entering the Competition and/or Prize Draw, and the inclusion of the image in the MHF Image Library, and will indemnify Mental Health Foundation against and in connection with any claims made by any third parties in respect of not having obtained such consent;
    4. you have not licensed or disposed of any rights in in your Submission(s) that would conflict with uses to be made by the Mental Health Foundation.
    5. you have received any necessary permissions from the owner(s) of any third party intellectual property rights required to use your Submission within the scope of the licence granted in clause 28(a) above and will indemnify the Mental Health Foundation against and in connection with any claims made by any third parties that any use of your Submission(s) by the Mental Health Foundation or permitted licensees infringes any third party intellectual property rights.
  4. You hereby waive absolutely your moral rights arising under the Copyright, Designs and Patents Act 1988 in relation to your Submission(s) and, so far as is legally possible, insofar as they relate to your Submission(s).
  5. As part of our commitment to good mental health in relation to body image and to represent real people, you also confirm that submissions have not been edited to change any body proportions.
  6. MHF will only process your personal information as set out in the privacy policy.

Liability

  1. MHF accepts no responsibility for Entries lost, damaged, or delayed whether due to transmission errors, website malfunction, computer error or otherwise. Sending is not proof of receipt.
  2. Insofar as is permitted by law, MHF, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept liability for any loss, damage, personal injury, or death occurring as a result of taking up the prize except where it is caused by the negligence of MHF, its agents or distributors or that of their employees. Your statutory rights are not affected.

Governing law and jurisdiction

  1. These Conditions and any dispute or claim arising out of or in connection with them or their subject matter (including the Competition), validity, termination, or enforceability (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
  2. The Courts of England shall have exclusive jurisdiction in relation to any dispute or claim arising out of or in connection with the Conditions or their subject matter (including non-contractual disputes or claims).