Terms & Conditions

1. Acceptance of Terms

By accessing, registering on, or using PicChallenge ("the Platform"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to these Terms, you must not use the Platform. These Terms constitute a legally binding agreement between you ("User," "you") and PicChallenge ("we," "us," "our").

2. Eligibility

• You must be at least 18 years of age to use the Platform.
• By using the Platform, you represent and warrant that you have the legal capacity to enter into these Terms.
• You are responsible for ensuring that your use of the Platform complies with all applicable laws in your jurisdiction.

3. Account & Security

• You are responsible for maintaining the confidentiality of your account credentials.
• You agree to provide accurate and complete information during registration.
• You must not create multiple accounts. Duplicate accounts may be terminated without notice.
• You are solely responsible for all activity under your account.

4. Entry Fees & Payments

• Participation in photo challenges requires payment of a non-refundable entry fee as displayed on each challenge page.
• All payments are processed securely through Stripe. PicChallenge does not store your payment card details.
• Refund Policy: Entry fees are non-refundable once the payment is completed, regardless of whether your photo is approved, rejected, or you choose not to submit. Exceptions may be made at our sole discretion in cases of technical error on our part.
• Prices are displayed in your local currency where possible. Exchange rates are approximate and determined at the time of payment.
• You are responsible for any taxes applicable to your participation.

5. Content Ownership & License

• Your Ownership: You retain full copyright and ownership of any photos you submit.
• License Grant: By submitting a photo, you grant PicChallenge a worldwide, non-exclusive, royalty-free, sublicensable license to display, reproduce, and distribute your photo on the Platform, in promotional materials, social media channels, and winner announcements, for the purpose of operating and promoting the Platform.
• Originality Warranty: You represent and warrant that each photo you submit is your original work, that you are the sole copyright holder, and that it does not infringe on any third party's intellectual property, privacy, or other rights.
• AI-generated or substantially AI-manipulated images are strictly prohibited.

6. Prohibited Conduct

You agree not to:

• Submit content that is unlawful, defamatory, obscene, harassing, or that violates any third party's rights.
• Use automated tools, bots, or fake accounts to manipulate votes or submissions.
• Attempt to interfere with the Platform's operation, security, or infrastructure.
• Reverse-engineer, decompile, or attempt to extract the source code of the Platform.
• Use the Platform for any purpose other than its intended use as a photo contest platform.

7. Prizes & Winner Selection

• Winners are determined by the highest number of community votes at the close of the voting period.
• In case of a tie, the photo submitted first wins.
• Prize amounts are displayed on each challenge page and are paid within 30 days of the voting deadline.
• We reserve the right to withhold or reclaim prize money if a winner is found to have violated these Terms.
• Winners are responsible for any income taxes or reporting obligations in their jurisdiction.
• We reserve the right to modify prize structures, cancel challenges, or change voting mechanisms at any time with reasonable notice.

8. Content Moderation & Removal

• All submitted photos are reviewed before being published. We reserve the right to reject any submission at our sole discretion.
• We may remove content that violates these Terms without prior notice.
• We are not obligated to provide reasons for content removal, though we endeavor to do so.
• Repeated violations may result in permanent account suspension.

9. Limitation of Liability

• The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• To the maximum extent permitted by law, PicChallenge and its owners, operators, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or related to your use of the Platform.
• Our total aggregate liability to you for any and all claims arising from your use of the Platform shall not exceed the total amount of entry fees you have paid in the 12 months preceding the claim.
• We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control (force majeure).

10. Indemnification

You agree to indemnify, defend, and hold harmless PicChallenge, its owners, operators, employees, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Platform or violation of these Terms.
• Any content you submit, including any claim that your content infringes on a third party's rights.
• Your violation of any applicable law or regulation.

11. Privacy & Data

• We collect and process your personal data (name, email, photos) solely for operating the Platform.
• Your payment information is processed by Stripe and is not stored on our servers.
• We do not sell your personal data to third parties.
• Photos you submit are displayed publicly on the Platform. Your display name (and Instagram handle, if provided) are shown alongside your submissions.
• You may request deletion of your account and data by contacting us at the email below.

12. Dispute Resolution

• Any disputes arising from or relating to these Terms or your use of the Platform shall first be attempted to be resolved through good-faith negotiation.
• If a dispute cannot be resolved through negotiation within 30 days, it shall be submitted to binding arbitration.
• These Terms shall be governed by and construed in accordance with applicable law, without regard to conflict of law principles.
• You agree that any legal action must be brought within one (1) year of the event giving rise to the claim.

13. Termination

• We may suspend or terminate your account at any time for violation of these Terms, with or without notice.
• You may delete your account at any time by contacting us.
• Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination (including ownership, liability, indemnification, and dispute resolution) shall survive.

14. Modifications to Terms

We reserve the right to update or modify these Terms at any time. Material changes will be communicated via email or a prominent notice on the Platform. Your continued use of the Platform after such changes constitutes acceptance of the updated Terms.

15. Contact

For questions, concerns, or data requests regarding these Terms, please contact us at: support@picchallenge.com