Posted October 4, 2023
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS PROMOTION WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE. OPEN TO INDIVIDUALS 18 YEARS OF AGE OR OLDER.
Eligibility: The Squarespace Collection: Magnum Photos — Photography Critiques Promotion (the "Promotion") is open only to individuals who are: (a) eighteen (18) years of age; and (b) who are not currently a Blocked Person (as defined below). If you wish to enter the Promotion but you are younger than eighteen (18) years of age (or, if the age an individual is legally able to agree to these Official Rules is higher in your jurisdiction, whatever such minimum age is), depending on where you live, you may need to have your parent or guardian’s consent to these Official Rules and they may need to enter into these Official Rules on your behalf. “Blocked Person” means any individual: (i) identified on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control, Department of the Treasury (“OFAC”) and/or on any other similar list maintained by OFAC pursuant to any authorizing statute, executive order or regulation (collectively, the “List”), and (ii) not a person or entity with whom a citizen of the United States is prohibited to engage in transactions by any trade embargo, economic sanction, or other prohibition of United States law, regulation, or Executive Order of the President of the United States. Employees, contractors, directors, officers and agents of a Sponsor (as defined below) and their respective parents, affiliate companies, subsidiaries, promotion agencies, suppliers and members of their immediate families, are not eligible. Void where prohibited by law. For purposes of this Promotion, "immediate family" is defined as spouses, parents, children, siblings and their respective spouses, regardless of whether they reside in the same household. Participation constitutes Your full and unconditional agreement to these Official Rules and Magnum’ decisions, which are final and binding in all matters related to the Promotion. Winning the prize is contingent upon fulfilling all requirements set forth herein.
This Promotion is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Magnum’s decisions, which are final and binding in all matters related to the Promotion.
2. Sponsors: Squarespace, Inc., 225 Varick Street, 12th Floor, New York, NY 10014 United States (“Squarespace”); and Magnum Photos, 12 W 23rd St Floor 4, New York, NY 10001 (“Magnum”). Squarespace and Magnum are each a “Sponsor” and together the “Sponsors”.
3. Promotion Entry Period: The Promotion begins on October 6, 2023, at 10:00am Eastern Standard Time ("ET") with specific entry dates for each photographer. Squarespace’s computer shall be the official clock for the purpose of the Promotion
The Promotion Period will be open for 24 hours for each Photographer. Each Photographer has their own Entry Period for the critiques on the following schedule:
Bruce Gilden — Friday, 10/6 at 10:00am Eastern Standard Time ("ET")
Sabiha Çimen — Monday, 10/9 at 10:00am Eastern Standard Time ("ET")
William Keo — Monday, 10/23 at 10:00am Eastern Standard Time ("ET")
Steve McCurry — Tuesday, 10/24 at 10:00am Eastern Standard Time ("ET")
Olivia Arthur — Wednesday, 10/25 at 10:00am Eastern Standard Time ("ET")
Jacob Aue Sobol — Thursday, 10/26 at 10:00am Eastern Standard Time ("ET")
4. How to Enter: As part of the Squarespace Collection collaboration with Magnum (“Partnership”), the six 6 participating photographers (each a “Photographer”) in the Partnership will each be offering six (6) individuals a photography critique as a part of the Partnership. To enter, an entrant must have a demonstrated interest and practice in photography as well as submit the following:
A portfolio of work (including 25 photographs - link or PDF);
An artist statement;
Explanation for why the entrant would like to have a review with the specific Photographer; and
A completed application form.
Recipients will be chosen based on their ability to demonstrate their commitment and motivation in pursuing photography. Magnum will look for cohesive, compelling bodies of work that will have some relevance for the reviewers. Technical quality of images, structure and sequence of project, uniqueness of vision, and the application and consistency of that vision to the project are also important. Magnum will expect to understand from applications how the review will benefit the applicant’s practice.
Entrants can apply for a critique with more than one photographer and for more than one time slot, though Entrants will only be eligible for one (1) critique session. Magnum, not Squarespace, will be evaluating all applications.
Automated entries are prohibited, and any use of automated devices will cause disqualification. Entrants may not enter with multiple email addresses nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple email addresses, under multiple identities, or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won, a Sponsor’s sole discretion. Multiple entrants are not permitted to share the same email address. Should multiple users of the same email account enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said email account at the time of entry will be considered the entrant. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted e-mail address. Potential recipient s may be required to show proof of being the Authorized Account Holder.
In order to be eligible for this Promotion, you must comply with these Official Rules.
Any waiver of any obligation hereunder by a Sponsor does not constitute a general waiver of any obligation to entrants. Magnum reserves the right to waive the Promotion submission requirements set forth herein in its reasonable discretion.
5. Recipient Notification: At the conclusion of the Promotion Period, thirty-six 36 critique recipients (each, a “Recipient” and collectively “Recipients”) will be selected based on the criteria outlined in Section 4 above to partake in a critique with the Photographer to which they applied. Each submission which satisfies the Entry Requirements and is chosen by the review committee under the supervision of Sponsors. The Recipients will be notified by early November 2023 following the selection of recipients via emails. Recipients will be provided with preparation materials ahead of the critique session as well as a Zoom link to access the 20-minute virtual critique. Each critique will be conducted in English, unless Photographer and Recipient mutually agree to conduct the critique in another language. All critiques will take place between November and December 2023. A Magnum representative will accompany the Photographers on all critique Zoom calls to monitor calls as an agency representative.
If a potential recipient is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a recipient cannot be verified, or if a recipient is otherwise unable or unwilling to accept and claim the prize as stated, then recipients may be disqualified and the prize may be forfeited in a Sponsor’s sole discretion.
Potential recipients acknowledge that Sponsors may conduct a search into their background before their prize is awarded. Sponsors reserves the right to disqualify any potential recipient if Sponsors determines in its sole discretion that awarding the prize to any such individual might reflect negatively on the Sponsors.
6. Prize: Each Recipient will each receive one (1) individual critique from one of the Photographers that they applied for a photography portfolio critique with. Prize redemption is dependent on the Recipient’s adherence to and agreeance of the Squarespace TOS (as defined below). If the Recipient does not accept the Squarespace TOS, such recipient will forfeit the prize in its entirety. Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of Magnum. If a prize, or any portion thereof, cannot be awarded for any reason, a Sponsor reserves the right to substitute prize with another prize of equal or greater value. Each Recipient will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used. Unclaimed prizes shall not be awarded. Sponsors may not award all prizes if an insufficient number of eligible entries are received during the Promotion Period.
7. Release: As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to release Squarespace, its affiliates, subsidiaries, and agents, and its and their officers, directors, employees and agents (collectively, “Released Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize; (b) under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; (c) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
8. General Conditions: For avoidance of doubt, any use of the Squarespace platform and related services (including, without limitation, Unfold and Bio Sites) is governed by and subject to the Squarespace Terms of Service located at http://www.squarespace.com/terms-of-service/ (the “Squarespace TOS”). Please note that third party payment processors and other possible Linked Payment Methods are Third Party Services (as defined in the Squarespace TOS) and each of them may have their own terms and policies, and your use of them will be governed by those terms and policies. In the event of a conflict between these Official Rules and the Squarespace TOS, these Official Rules shall control solely with respect to the Promotion. Sponsors are not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the entries. Each Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or the proper functioning of the Promotion, or if the Promotion otherwise cannot be run or is not realistic to run because of factors outside of the Sponsors’ control, all as determined by each Sponsor in its sole discretion. Sponsors are not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the website, or network connections that are human or technical in nature. Sponsors reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, the website, or the operation of the Promotion or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, each Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. A Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. Binding Arbitration: Any controversy or claim arising out of or relating to this Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, a Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor a Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY SET FORTH ABOVE AND IN SECTION 7(B)-(D), SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.
10. Governing Law & Jurisdiction: This Promotion and its Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Promotion Official Rules, or the rights and obligations of entrants and Sponsors in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York.
11. Entrant's Personal Information: Please see Squarespace’s privacy policy located at https://www.squarespace.com/privacy and Magnum’s privacy policy located at https://www.magnumphotos.com/privacy-policy/ for details of Sponsors’ policies regarding the use of the personal information of individuals who enter into the Promotion. If you are selected as a Recipient, your information may also be included in a publicly available recipient’s list.
12. Recipient Information: For the name of the Recipients, mail a self-addressed, stamped envelope to: Squarespace, Inc., 225 Varick Street, 12th Floor, New York, NY 10014. Requests must be received by January 2, 2023.