Picturing Lockdown Terms and Conditions
These terms set out the basis on which you may enter a photograph as a Submission to Historic England's Picturing Lockdown project. Please read these terms carefully.
Words used in these Terms and Conditions
In these Contribution Terms and Conditions, the following definitions apply:
Submission means and the written information and photographs submitted for the project via the Website;
Project means Life in Lockdown, a project where members of the public can submit a photograph taken during lockdown for consideration to enter Historic England’s Archive.
Lockdown refers to the social distancing provisions in force under UK Government guidelines in relation to Covid-19 (coronavirus)
Archive is the Historic England Archive
Terms means the terms and conditions set out in this document;
"We", "us" or "our" means Historic England, The Historic Buildings and Monuments Commission for England whose principal office is at 4th Floor, Cannon Bridge House, 25 Dowgate Hill, London EC4R 2YA;
Website means the website historicengland.org.uk (or such other URL as we may specify from time to time); and
- Headings shall not affect the interpretation of these Terms.
- Words in the singular shall include the plural and vice versa.
- A reference to us or you shall include that party's personal representatives, successors or permitted assigns.
- A reference to a statute, statutory provision or subordinated legislation is a reference to it as it is in force from time to time, taking account of any amendment or re-enactment and includes any statute, statutory provision or subordinate legislation which it amends or re-enacts.
- A reference to writing or written includes faxes and email.
- References to clauses are to the clauses of these Terms.
- Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
Terms and Conditions
You confirm that you are at least 16 years old.
1. Content of your Submission
Your Submission must:
- be made within England;
- not be defamatory, offensive, vexatious or unlawful;
- not infringe anyone else's rights (including intellectual and privacy rights);
- not include personal information about any living third party; and
- not promote or further any business activities or with a view to commercial and/or personal gain.
2. Covid-19 Conditions
In producing the photographs, you must not put yourselves or anyone else in danger, and must avoid the spread of Covid-19 (coronavirus) by not encouraging touching or sharing objects, visiting places unnecessarily and abiding by any social distancing provisions in force under UK current Government guidelines, which can be found at https://www.gov.uk/coronavirus.
At a minimum photographs must be made in England and in one of the following circumstances:
- in your own home
- within 500 metres of your own home (this is our own stipulation so the images produced are truly local)
- during your permitted daily exercise
- when making essential journeys
- at work, but only if you cannot work from home
Any photograph made outside of these circumstances will be ineligible. Individuals can only submit one photograph per day.
3. Ownership of your Contribution
You confirm that your Submission is made in your personal (rather than business) capacity or in your capacity as an authorised representative of a business, public authority or voluntary organisation and that such Contribution does not actively promote or further any business activities and has not been contributed for or with a view to commercial and/or personal gain.
You will retain copyright and moral rights in the your images however, in submitting your Submission (which for the avoidance of doubt includes photographs submitted by you) you grant to Historic England a non-exclusive, royalty free, perpetual, irrevocable world-wide licence together with the right to grant sub-licences, to publish and use your Submission (or any part of it) on or in connection with the Project, the Website, and on or in other Historic England websites and publications, in any media, in any context and at any time.
We will endeavour to credit the photographer whenever the photographer’s image is used and published by Historic England.
We reserve the right to publish, edit, crop, adjust or add our logo responsibly and fairly to your Submission (at our sole direction) without notifying you and you agree to waive any and all rights to object to such actions undertaken by us in respect of your Submission.
You understand that your Submission may be preserved as a permanent public reference resource within the Historic England Archive and may also be used for education, broadcasting, selected commercial uses, and on the internet.
We will review your Submission before it is accepted for the Project and we reserve the right at our sole discretion to withhold entry.
In the event that your Submission breaches the requirements of clause 1 or 2 your Submission will not be put forward to the Project. The decision as to whether or not your Submission breaches the requirements of clauses 1 or 2 will be at our sole discretion.
We will review all photographs entered into the Project and create a long list of 70 photographs which will be judged by Historic England’s Chief Executive, Director of Communications and Public Engagement and Head of Archive. This group will decide on 50 photographs that will enter the Archive.
You will be informed whether your Submission has or has not been short listed for the Archive using the email address provided during the Submission process.
By submitting your Contribution you do so at your own risk. We will not anonymise any Submission that you make and you understand and acknowledge that individuals, businesses, public authorities and voluntary organisations will be able to access your Contribution and to associate it with you (including but not limited to your name, profile picture and photographs).
Your Submission will be made publicly available on the Website and you will be identified as the author of it.
We will not be responsible for any adverse attention that you may receive as a result of your Submission.
6. Your liability
7. No reliance on information
Submissions displayed on our Website do not represent the official position of Historic England and do not form part of the official List.
Publication of your Submission on the Website is not an endorsement of your Submission by Historic England.
Any Submission is not intended to amount to a representation, advice or authority on which reliance should be placed. We make no promise and give no assurance that any information displayed on the Website is accurate, complete or up to date.
8. Our liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
We will not be liable to any user of the Website for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the List or the Website; or
- use of or reliance on any content, including any Contribution displayed on the List or the Website.
10. Freedom of information
You acknowledge that we are subject to the requirements of the Code of Practice on Government Information and the Freedom of Information Act 2000 (FOIA). Further details of how to make a FOIA request of Historic England are available from our Access to Information pages.
11. Updates to these Terms
We reserve the right to change these Terms from time to time without prior notice by changing them on the Website. The Terms applicable to your Submission will be those in force at the time you submit your Submission.
12. Additional terms
We may sub-license, assign or otherwise dispose of our rights under these Terms in whatever way to any other legal or natural person on whatever terms we deem appropriate in our sole discretion.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any obligation under these Terms, or if we do not enforce rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Nothing in these Terms and no action taken by us or you under these Terms shall create, or be deemed to create a partnership, joint venture or establish a relationship of principal and agent.
The Terms shall be governed by the law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.