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Terms and Conditions - Foto of the Day

02.12.2025

1. Contracting Parties and Scope

Fotografiska Emerging GmbH, Linienstrasse 127, 10115 Berlin, (hereinafter also "Fotografiska") organizes recurring open calls under the name "Foto of the Day" (hereinafter also the "Open Call" and together the "Open Calls"). This Agreement on Participation in the Open Call (hereinafter the "Agreement") governs the participation requirements and the rights and obligations of the persons participating in the Open Call(s) (hereinafter also the "Participant" and together the "Participants"), as well as the rights and obligations of Fotografiska.

2. Registration and Conclusion of the Agreement on Participation

2.1 Registration

Participation in the Open Call is only possible after prior registration on the Fotografiska website www.emerging.fotografiska.com (hereinafter also the "Website").

The following information is required for registration:

  • First and last name of the Participant
  • E-Mail address
  • Instagram profile or online portfolio URL (optional).

The social media channels or online presences provided will be published together with the photo if the photo is selected by the Fotografiska jury according to Section 4.3, to allow interested parties to discover more works of the Participant. Providing this information is voluntary and may be revoked at any time by the Participant with effect for the future.

2.2 Conclusion of this Agreement

This Agreement between Fotografiska and persons eligible to participate pursuant to Section 3is concluded through the following steps:

  • Complete and correct completion of the registration form
  • Checking the designated box to accept this Agreement (i.e. the Terms of Participation in the Contest)
  • Clicking the “Sign-up” button.

2.3 Double-Opt-in-Procedure

After registration, the Participant receives an email with a confirmation link. Registration is only completed after clicking the confirmation link, after which the Participant may participate in the Open Call.

2.4 Consumer Protection

The Agreement is available for viewing, downloading, and printing prior to conclusion here. Fotografiska stores the text of this Agreement and makes it accessible to the Participant at the same URL.

There is no right of withdrawal for the Participant, as participation in the Open Call is free of charge.

Mandatory consumer protection laws of the country in which a Participant has their habitual residence remain unaffected for Participants who are consumers within the meaning of Section 13 German Civil Code (BGB).

3. Eligibility to Participate

3.1 General Requirements

Only natural persons who are at least 18 years old and are fully legally competent may participate.

3.2 Ownership of Rights

Participants must be the exclusive holders of all necessary rights to the photos submitted, in particular:

  • Copyright to the photo as its author or photographer
  • Rights to distribute and publish photos depicting persons
  • Rights to depicted objects or trademarks.

3.3 Additional Restrictions

The following persons are excluded from participation:

  • Persons employes by Fotografiska Emerging GmbH and/or other companies of the Fotografiska corporate group, and
  • Relatives of these persons.

3.4 Technical Requirements

Submitted photos must meet the following criteria:

  • File format: JPG or PNG
  • Minimum width: 1,600 – 2,000 Pixel
  • Maximum file size: 5 MB

Photos must be submitted in digital format.

4. Participation Rules, Obligations of the Parties

4.1 Period of Open Call

Each Open Call runs over a period of one week, starting from Monday at 6 am CET and terminating on Monday at 6 am CET of the following week (hereinafter the "Open Call Period").

4.2 Participation Limitation

Each Participant may upload only one photo per day. Multiple submissions by the same Participant on the same day with different photos are not permitted.

4.3 Selection by Fotografiska Jury

A Fotografiska jury decides which Participant will be curated for their photo for each Open Call Period. For this purpose, the jury reviews all photos submitted within the respective Open Call Period and selects the “Foto of the Day” for that period (hereinafter also the "Curated Photo" and together the "Curated Photos"). The selection is made on Monday after 6 am CET for the respective Open Call Period.

4.4 Notification

Participants whose photo was selected as Curated Photo receive a notification at the email address provided during registration. The notification is made on Monday after 6 am CET and after the jury's decision for the respective Open Call Period (Section 4.3).

Other Participants also receive a notification at the email address provided during registration.

4.5 Services provided by Fotografiska

4.5.1 Opportunity to Participate

Fotografiska allows the Participants to participate in the Open Call free of charge. Fotografiska reserves the right to exclude Participants from the Open Call if they violate the terms in this Agreement.

4.5.2 Publication of Curated Photos

If the Participant’s photo is selected as the Curated Photo, Fotografiska publishes the Curated Photo on the Website and on selected social media channels, together with the Participant's name and the social media channels or online presence provided (Section 2.1). The Curated Photo may also be published in Fotografiska’s newsletter.

4.5.3 Promotional Opportunity for Participants for Curated Phots

Participants whose photo is selected as Curated Photo may promote their artistic achievement by displaying the Fotografiska Emerging GmbH logo as a watermark on the Curated Photo when publishing it on their social media channels or their online presences that they use to showcase their work.

4.6 Services provided by the Participant

In return for the services listed in Section 4.5, the Participant grants Fotografiska the usage rights to the submitted photos (Sections 5) and to the Curated Photos(Section 6).

4.7 Prohibited Content

The Participant must not upload photos that violate applicable law, infringe the rights of third parties, are infected with malware (e.g., viruses, Trojans, spyware, etc.) or contain hate speech, discriminatory, immoral, violent, inhuman, pornographic or sexually explicit content.

4.8 AI-generated Content

If the Participant submits photos, which are created, edited or otherwise modified by using artificial intelligence, the Participant must be the holder of all necessary rights to the respective photos. Further, the Participant is obliged to label the photo as "AI-generated" when submitting the photo.

5. Granting of Usage Rights for Photos which are not Curated Photos

The Participant grants Fotografiska a non-exclusive, irrevocable, non-sublicensable, worldwide right to use the submitted photo for the purpose of executing the Open Call, in particular to store the submitted photo for selecting the Curated Photo, and for the storage of the submitted photo in Participant's profile on the Website. Submitted photos that are not selected as Curated Photo will not be used by Fotografiska without prior consent of the Participant for other purposes but will be stored in the Participant's profile on the Website, which is only accessible by the Participants but not by other Participants. The Participant may delete its submitted photos stored in its profile on the Website at any time.

6. Granting of Usage Rights for Curated Photos

6.1 Grant of Usage Rights

In addition to the rights granted in Section 5, for photos, which are selected as Curated Photos, the Participant grants to Fotografiska a non-exclusive, sublicensable, irrevocable, worldwide right, to use the Curated Photos for the following purposes:

6.1.1 Execution of the Open Call: the right to use the Curated photos submitted by Participant to determine which photo is selected as Curated Photo and to notify the Participant who submitted the Curated Photo as well as other Participants

6.1.2 Publication: the right to publish the Curated Photos on the Website, social media channels, and regularly issued newsletters

6.1.3 Exhibition: the right to exhibit the Curated Photos on digital screens in the Fotografiska museums (worldwide)

6.1.4 Archiving: the right to archive the Curated Photos for documentation and archival purposes

6.1.5 Sublicensing to:

  • Media partners solely for editorial reporting on the Open Call,
  • Partners solely for joint marketing activities related to the Open Call.

The granted usage rights include in particular, without limitation, the right to reproduce and make the Curated Photos publicly accessible or public display them using any available technical means. This includes all digital forms of publication on websites, social media platforms, and apps. Fotografiska is also granted the right to edit the Curated Photos limited to the cropping of Curated Photos for publication purposes. Fotografiska also has the right to apply the "Fotografiska" watermark (Section 4.5.3) to Curated Photos. The watermark will be discreetly placed and will not impair the visibility of the image.

6.2 Applicability to other Fotografiska Group Companies

The granting of usage rights under this Sections 6 also applies to the following companies of the Fotografiska corporate group:

  • Fotografiska Berlin GmbH
  • Fotografiska Group GmbH
  • Fotografiska Stockholm AB
  • Fotografiska Holding AB
  • Fotografsika Emerging GmbH
  • Fotografiska Trademark AB.

7. Right of Attribution

7.1 Principle of Attribution

Fotografiska is obliged to name the Participant as the author of the photo. The attribution will be made in the form provided by the Participant at registration (first and last name).

7.2 Attribution for Curated Photos

Attribution is made:

  • On the Website directly under or next to the photo
  • On social media channels in the image text or as a caption
  • In newsletters in connection with the publication of the photo
  • In exhibitions on digital screens of the Fotografiska museums.

7.3 Obligation to Cite Source When Disclosing to Third Parties

If Fotografiska discloses photos to third parties, Fotografiska is contractually required to obligate those third parties to name the author in accordance with the above provisions.

7.4 No Impairment of Moral Rights

The above provisions do not affect the Participant’s moral rights under Section 13 German Copyright Act (UrhG). In particular, the Participant retains the right to assert statutory claims in case of violation of the right of attribution.

8. Granting of rights by Fotografiska

Participants whose photos were selected as Curated Photos (Section 4.3) may use the Curated Photo with the “Fotografiska” watermark(Section4.5.3) on their own digital channels, such as social media channels and online presences, that they use to showcase their work. The “Fotografiska” watermark may not be altered or used for other purposes or used on other works of the Participant than the Curated Photo.

9. Warranty and Liability of the Participant

9.1 Ownership of Rights

The Participant warrants that all required rights to the uploaded photos are held exclusively by them.

9.2 No Infringement of Rights

The Participant warrants that the uploaded photos do not infringe any third-party rights, in particular:

  • no third-party copyrights
  • no rights of depicted persons
  • no trademark rights or other industrial property rights.

9.3 Liability for Infringements

9.3.1 The Participant indemnifies Fotografiska, and the companies listed in Section 6.2 from all claims arising from the infringement of rights caused by the submitted photos.

9.3.2 The indemnification includes, in particular, (a) third-party claims for damages, including material and immaterial damages, (b) claims for injunctive relief, (c) claims for information and accounting, and (d) the costs of necessary legal defense, including court and attorney fees.

9.3.3 The obligation to indemnify applies only if the infringement is due to intentional or negligent conduct by the Participant. The Participant is not obliged to indemnify where the infringement results from instructions by Fotografiska or by the companies named in Section 6.2.

9.3.4 The Participant undertakes to support Fotografiska, and the companies named in Section 6.2 in defending against third-party claims and to provide all necessary information and documents.

10. Liability of Fotografiska

10.1 Limitations of Liability

Fotografiska is not liable for (a) technical problems during photo upload caused by internet connection disruptions, server failures, or maintenance not within Fotografiska’s control, (b) loss of data during transmission due to technical issues not attributable to Fotografiska, and (c) unauthorized access by third parties to submitted photos, provided Fotografiska has implemented security measures according to the state of the art.

10.2 No Liability for Force Majeure

Fotografiska is not liable for damages caused by force majeure, including natural disasters, war, terrorist attacks, strikes, or official orders.

10.3 No Liability for Content Submitted by Participants

Fotografiska is not liable for the content of submitted photos, particularly for their legality, quality, or fitness for a particular purpose. Responsibility lies solely with the Participant.

10.4 No Liability for Availability of the Website

Fotografiska does not warrant the uninterrupted availability of the Website or the registration function. Short-term interruptions due to technical issues or maintenance are reserved.

10.5 Exceptions to Liability Limitations

The above liability limitations do not apply (a) for damages arising from injury to life, body, or health, (b) for damages resulting from intentional or grossly negligent breaches of duty by Fotografiska, its legal representatives, or agents, (c) for damages resulting from the breach of essential contractual obligations (cardinal obligations) where the achievement of the contract purpose is endangered; in this case, liability is limited to the typical, foreseeable damage, and (d) for claims under the Product Liability Act.

11. Data Protection

Personal data of Participants is processed in accordance with the Fotografiska privacy notice provided separately.

12. Dispute Resolution under Section 36 VSBG

Fotografiska maintains a website and uses general terms and conditions. Pursuant to Section 36 (1) of the Consumer Dispute Resolution Act (VSBG), Fotografiska informs Participants as follows:

Fotografiska is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Participation in such proceedings is voluntary and non-binding for both parties. Should a dispute arise, regular courts are available.

13. Final Provisions

13.1 Text Form

Changes and additions to this Agreement must be made in text form. This also applies to amendments to this text form clause itself.

13.2 Severability Clause

If individual provisions of this Agreement are or become invalid, the validity of the remainder of the Agreement remains unaffected. The invalid provision shall be replaced by a valid one that best achieves the economic purpose of the invalid provision.

14. Applicable Law

German law applies. For Participants who qualify as consumers within the meaning of Section 13 BGB, mandatory consumer protection provisions of the country in which the Participant has their habitual residence remain unaffected. For Participants residing abroad, German law applies unless mandatory international regulations or mandatory laws of the Participant’s country of habitual residence override it.

15. Place of Jurisdiction

The place of jurisdiction for all disputes arising out of this Contract is Berlin, provided the Participant is not a consumer. For consumers, the statutory provisions apply.

Version: 02.12.2025