By Advocate.com Editors
Originally published on Advocate.com May 10 2010 1:20 PM ET
The Advocate wants a photo of your life on that single day, May 21—with your family or friends or on your own, at work or at play, on your adventures or experiencing a quiet moment of solace—anything from the mundane to the insane, from the glamorous to the gritty. The best photographs taken on that single day in the United States will be featured in a photo essay called “A Day in Gay America,” on Advocate.com and in the August 2010 issue of The Advocate.
You don’t need to be a professional photographer! Just make a note on your calendar, get your cameras ready, and on May 21 take a self-portrait or have a friend take a photograph of you, doing anything that says something about who you are as an LGBT American.
The instructions are simple, but we need hi-resolution images, so please read carefully:
Step 1: Go to the menu on your digital camera and set the photo resolution (or file size) to its highest setting (or largest file size, up to but not more than 10 MB). Photos that are low-res don’t print well so we can’t use them.
Step 2: Take that picture any time between 12:00 am and 11:59 pm on Friday May 21, 2010.
Step 3: Email that photo to ADayInGayAmerica@advocate.com no later than Friday, May 28.
By submitting your photography, you are agreeing to the terms and conditions listed below.* IMPORTANT: Our photo submission process only records the subject line and photo attachments in your email, so please include the following information in the subject line:
1) email address
2) your first and last name
3) phone number
5) time & location of the photo
6) brief description of the photo
Send image as a 4in x 6in (1,800 x 1,200 pixels) 300dpi JPEG file no larger than 10MB
Please no TIFF or EPS files.
* A Day in Gay - Photo Submission Terms and Conditions
As part of A Day in Gay America (the “Project”), Here Media Inc. (“Here Media”) invites interested parties to submit a digital photograph for possible publication in The Advocate magazine and on advocate.com. Here Media will accept submissions between _Friday, March 21, 2010_ and _Friday, March 28, 2010_. Here Media retains full editorial control over the selection of, and the decision not to select, any particular photograph for publication.
By participating in the Project and submitting a photograph you hereby acknowledge that you have read and agree to the Here Media User Agreement and further agree as follows:
1. By uploading my pictures or photos (collectively "Photo"), I hereby grant to Here Media, its subsidiaries, successors, licensees, agents, and assigns, and others working for or on behalf of any of them (collectively, the “Permitted Parties”) the unlimited, royalty-free, irrevocable right and license to use the Photo, which Here Media may edit or alter as it sees fit, and my image, picture, likeness, statements, name, and/or biographical information as well as any other information I provide to Here Media, and any material based thereon or derived there from, edited or altered as Here Media in its sole discretion so chooses, to create and produce unlimited advertising, marketing and promotional materials (collectively, the “Materials”) and to distribute, publish, exhibit, digitize, broadcast, display, reproduce and otherwise use the Photo and the Materials in any manner, venue or media (whether now known or hereafter devised), throughout the world, in perpetuity, for any purpose, including, without limitation, for the purposes of advertising, trade and merchandising in connection with Here Media and its products and services, including, without limitation, The Advocate magazine and advocate.com.
2. The product of my services in connection with the Photo shall be a work-made-for-hire for Here Media for copyright purposes, or if for any reason held not to be work-made-for-hire, I hereby assign to Here Media all right, title, and interest in and to such product. I hereby irrevocably waive any and all so-called moral rights I may have in the Photo. I have the full and exclusive right and authority to grant the rights granted hereunder and I agree that this agreement does not in any way conflict with any existing commitment on my part.
3. I understand that nothing contained herein shall obligate the Permitted Parties to make any use of the Photo or Materials or the rights granted herein. I shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of my name, picture, likeness, and/or biographical information.
4. I represent and warrant that: (a) I am 18 years old or older on the date I submit the Photo; (b) I am voluntarily submitting the Photo; (c) I am the only person who appears in the Photo (or if I am not the only person who appears in the Photo, I have secured all rights from any other person(s) necessary to allow me to grant to Here Media all of the rights in the Photo granted herein); (d) the Photo is a previously unpublished and previously unproduced work and I shot the photo (or, if I am not the person who shot the Photo, the person who shot the Photo has granted to me all rights necessary to allow me to grant to Here Media all of the rights in the Photo granted herein); (e) the contents of the Photo are wholly original and created by me (or, if I have included any content not created by me in my Photo, I have secured all rights in the third party content necessary to allow me to grant to Here Media the rights in the Photo granted herein; (f) neither the Photo, nor the use of the Photo by Here Media will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws. I hereby agree to indemnify and hold the Permitted Parties harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of my warranties, representations or agreements hereunder.
5. The Permitted Parties shall have no obligation (express or implied) to post or otherwise use the Photo (or my name, picture, likeness, or biographical information), and Here Media may at any time abandon the posting or other use of the Photo (or of my name, picture, likeness, or biographical information) for any reason, with or without legal justification or excuse, and I shall not be entitled to any damages or other relief by reason thereof.
6. GENERAL RELEASE AND LIMITATIONS ON LIABILITY. I agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Photo shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with submitting the Photo, but in no event will attorneys' fees be awarded or recoverable; and (3) under no circumstances will I be permitted to obtain any award for, and I hereby knowingly and expressly waive all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out of pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. I acknowledge and agree that Here Media is not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with the Photo, including, without limitation, the making, downloading, posting or use of the Photo. I shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of my name, picture, likeness, and/or biographical information.
7. This agreement contains the entire understanding between Here Media and you with respect to the subject matter hereof, may not be altered or waived except by a writing signed by both parties, and shall be governed by the laws of the State of California applicable to contracts executed and performed entirely therein. In the event these terms and conditions conflict with the Here Media User Agreement, the latter shall control.