Official ArtPrize Rules for Artists
BY SUBMITTING AN ENTRY TO ARTPRIZE, YOU AGREE TO BE LEGALLY BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT SUBMIT AN ENTRY TO ARTPRIZE.
1. ELIGIBILITY: ArtPrize is only open to Artists who are at least 18 years of age at the time of submitting an Entry. Current ArtPrize employees and their immediate families are not eligible to submit an Entry. Immediate family members include relatives living at the same address as an employee. Persons who perform services for, or contract with, ArtPrize are not eligible to submit an Entry during any year in which they perform services for or contract with ArtPrize. Participation in ArtPrize is void where prohibited by law. All federal, state and local laws and regulations apply. ArtPrize is intended for viewing in the State of Michigan only and will be construed and evaluated according to Michigan law.
2. ARTISTS: An art entry (“Entry”) to ArtPrize may be made by a solo Artist or by a group of Collaborative Artists. A solo Artist, and each Collaborative Artist, as applicable, is subject to these Official Rules for Artists (“Rules”). As used in these Rules and the Artist Agreement, the term “Artist” means and includes solo Artists and each Collaborative Artist relating to an Entry.
3. SOLO ARTIST ENTRY AND ENTRY FEE: To enter ArtPrize as a solo Artist, the Artist must agree to these Rules and also must agree to the Artist Agreement relating to submission of content to the ArtPrize website. By submitting an Entry to ArtPrize, the Artist agrees to be bound by and comply with these Rules. A solo Artist must also pay a one-time non-refundable Artist fee of $50 (U.S.). The fee can be paid as described on the on-screen instructions after clicking the “I Agree” button at the bottom of the Artist Agreement page.
4. RULES REGARDING COLLABORATIVE ARTISTS: To enter ArtPrize as a collaborative group of Artists, each Artist in the collaborative group (each, a “Collaborative Artist”) must register as a Collaborative Artist at the ArtPrize website, agree to these Rules and also must agree to the Artist Agreement relating to submission of content to the ArtPrize website. By submitting an Entry on behalf of a collaborative group to ArtPrize, each Collaborative Artist that is part of the collaborative group agrees to be bound by and comply with these Rules. Each Collaborative Entry must pay a one-time non-refundable Artist Fee of $100 (U.S.). The fee can be paid as described on the on-screen instructions after clicking the “I Agree” button at the bottom of the Artist Agreement page. Each Collaborative Artist must meet all eligibility criteria for Artists, including, but not limited to, the minimum age requirement. Any individual who either makes a significant contribution to the creative direction of an Entry, is considered an “author” of an entry, has any copyright claim to an Entry, has any claim to proceeds from the sale of an Entry, or is acknowledged as a co-creator of an Entry is considered to be a Collaborative Artist for purposes of that Entry. Artists and collaborative groups may receive assistance from contractors or volunteers in the construction of their Entry regardless of whether these individuals are eligible Artists and long as such individuals are not considered Collaborative Artists for that Entry. Entries that are created by community groups, schools, or other groups consisting of members who are not each registered as Collaborative Artists, or whose members do not each meet all of the eligibility requirements to be an Artist, are ineligible. Such groups can be involved in an Entry in many ways, but not in the role of Collaborative Artist. ArtPrize expressly reserves the right to disqualify any Entry if it is determined that all Collaborative Artists for that Entry are not properly registered as Collaborative Artists or that an individual who fails to meet all Artist eligibility requirements participated as a Collaborative Artist for that Entry.
5. SPECIFIC RULES FOR ARTISTS REGARDING ENTRY: The following rules apply to Artists’ submissions of their Entry to ArtPrize:
a. The Entry must be shown within the boundaries of the downtown area of the City of Grand Rapids, Michigan as described on the ArtPrize website.
b. The Entry must be shown at an ArtPrize-registered venue (“Venue”). Please see http://www.artprize.org/venues for a list of registered Venues. Only Artists and Venues that are registered with ArtPrize may participate in ArtPrize. Artists are responsible to negotiate a hosting agreement and/or other arrangements with a Venue relating to their Entry (“Hosting Agreement”). See http://www.artprize.org/get-involved/venues/details/#venues-hosting-agreement for a template of a sample Hosting Agreement. Artists are not eligible to participate in ArtPrize unless they have entered into a Hosting Agreement with a Venue.
c. Each Artist may submit only one Entry. Each Entry may consist of multiple pieces. For clarification, an Entry may be submitted by a group of Collaborative Artists, but each Artist may only be associated with one Entry.
d. Each solo Artist, and each Collaborative Artist who is part of a collaborative group, must be an individual. An Artist may not be an entity, such as a corporation, limited liability company, partnership or other form of entity.
e. If an Entry is time-based or performance oriented, the Entry must at least be performed within the first round of voting (September 21, 2016 – October 1, 2016) with an artifact or other representation or record satisfactory to ArtPrize left behind to be presented for the remainder of the competition.
f. Each Entry must abide by all applicable Grand Rapids city codes and ordinances and other applicable laws and regulations.
g. The Artist is responsible for all fees associated with the Entry, including without limitation, the ArtPrize fee described above, production costs, shipping, and fees associated with the applicable Venue, unless otherwise provided in the applicable Hosting Agreement.
h. Artist Registration must be complete by 5:00 p.m. EDT on June 9, 2016.
i. Venue matching and a Hosting Agreement as described above must be complete by 5:00 p.m. EDT on June 23, 2016.
j. Only original Entries are eligible for submission. The Artist is responsible to ensure that the Entry does not infringe on any third party’s proprietary rights.
k. The Artist or the group of Collaborative Artists must currently own the Entry, or otherwise have the rights and ability to exhibit the Entry and subject the Entry to all restrictions and commitments made by these rules.
l. The Artist is responsible for transportation of the Entry to, and removal of the Entry from, the applicable Venue, unless otherwise provided in the applicable Hosting Agreement or other arrangements with the Venue.
m. The Artist or any one of the members of the group of Collaborative Artists must own the rights to the information, imagery and documentation of the Entry uploaded to the ArtPrize website. ArtPrize reserves the right to use all information on, imagery and documentation of the Artist pertaining to the Entry, the final Entry and the process of creating the Entry provided by the Artist. ArtPrize may use the information, imagery and documentation described in the preceding sentence for the official ArtPrize website, press releases, promotional materials, display and exhibition materials, catalogues, maps, guides, installations, other showcase activities associated with ArtPrize and its promotion and associated events which may include textual, audio or visual representations. ArtPrize will acknowledge the Artist when such information, imagery and documentation is used by ArtPrize as described above. For clarification, if documentation of the Entry includes photographs taken by someone other than the Artist, the Artist must have the right to use those images and the right to authorize ArtPrize to use them in the future. This authorization is given by uploading the images, and no future permissions will need to be given for the images’ future use.
n. ArtPrize reserves the right to document ArtPrize and all associated displays and events and reserves the right to use this documentation for any purpose.
o. ArtPrize bears no liability to the Artist or relating to the Entry.
p. The Artist commits to participating in ArtPrize in keeping with the spirit of ArtPrize as described on the ArtPrize website.
q. The Artist retains ownership of the Entry unless the Artist negotiates otherwise with
Venues, sponsors or other third parties.
r. Entries from prior ArtPrize competitions, or Entries that are identical to Entries from prior ArtPrize competitions may not be entered in ArtPrize.
s. The Artist may offer the Entry for sale during ArtPrize, but must maintain the public display of the Entry in the agreed Venue for the duration of ArtPrize. Sold works will only be available to purchasers after the close of ArtPrize. The Artist agrees that if the Entry wins either the Public Vote Grand Prize or the Juried Grand Prize that any offer to sell such Entry shall be expressly subject ArtPrize’s option to retain the Entry on loan as more specifically described in Section 13(a) below. Sales are the sole responsibility of the Artist, unless negotiated otherwise with the agreed Venue. ArtPrize will not be involved in or be responsible for the sale or presentation for sale of the Entry.
t. Artists who are awarded one of the public vote or juried prizes for ArtPrize in any given year (whether as a solo Artist or as a Collaborative Artist) are not eligible to enter the following year’s ArtPrize (whether as a solo Artist or as a Collaborative Artist). For purposes of clarification, all winners of public vote and juried prizes of ArtPrize 2015 may not enter ArtPrize 2016 either as a solo Artist or a Collaborative Artist.
u. Artists who have been awarded the Public Vote Grand Prize or the Juried Grand Prize (whether as a solo Artist or as a Collaborative Artist) are not eligible to enter ArtPrize again (whether as a solo Artist or as a Collaborative Artist).
6. RULES REGARDING ENTRY CATEGORIES: Each Artist Entry must be placed in one of following four categories at the time of registration: 2-D, 3-D, Time-Based or Installation. These categories determine eligibility for category-based prizes. The Artist’s selection of a category is subject to review by ArtPrize staff. ArtPrize maintains the right to make the final determination of the category of each Entry at any time. Below are the categories and their definitions. The examples provided are not an exhaustive list of the types of entries that can fit in each category.
a. 2-D – Entries that exists primarily on a flat plane. Painting, drawing, photography, printmaking, and most textiles are examples of 2D work.
b. 3-D – Entries that occupy space and are intended to be viewed from multiple angles. Sculptures that are not site-specific belong in the 3-D category.
c. Time-Based – Entries that are durational and change over time. The viewer has to spend some time with the work to fully view it. This includes performance, video and film, dance, music, and interactive work.
d. Installation – Entries that are dependent on the site in which they are installed. The location is not a neutral ground, but makes up an important ingredient of the work. Installation is different from 3-D in that changing the location of the piece would dramatically change the work.
7. RULES REGARDING SALES: The “Artist Work for Sale” link (the “Sales Link”) on this website is an optional communication tool which allows you, the Artist, to inform the users of this site that your Work is for sale and potential buyers to contact you to inquire about purchasing your Work(s). All communications regarding the sale of your Work, including price, payment and delivery terms, are solely between you and the potential buyer. Any prices entered by you relating to the value of your Work(s) when registering for ArtPrize are for internal use only and are not communicated to the potential buyer by ArtPrize. ARTPRIZE IS NOT (i) INVOLVED IN ANY WAY WITH RESPECT TO THE NEGOTIATION OR AGREEMENT OF SALES TERMS THAT HAPPEN ON OR THROUGH THE WEBSITE, OR (ii) RESPONSIBLE FOR THE CONDUCT OF ANY POTENTIAL BUYER. Please be aware that some Venues may or may not charge a commission on the sale of your Work(s). Please make sure that commissions on the sale of your Work(s) are addressed in your Hosting Agreement(s).
ARTPRIZE AND ITS RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OFFICERS AND EMPLOYEES (“AFFILIATES”) ARE NOT PARTIES TO, HAVE NO INVOLVEMENT WITH OR INTEREST IN, MAKE NO REPRESENTATIONS OR WARRANTIES AS TO, AND HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND RELATING TO OR ARISING FROM THE ARTPRIZE EVENT, INCLUDING ANY AGREEMENTS, COMMUNICATIONS, TRANSACTIONS, INTERACTIONS DISPUTES OR ANY RELATIONS WHATSOEVER BETWEEN YOU, ANY POTENTIAL BUYERS, VENUES OR ANY OTHER PERSON OR ORGANIZATION. THE ARTIST FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS ARTPRIZE AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, ACTIONS, LOSSES, AND EXPENSES, INCLUDING ATTORNEY FEES, RELATING TO OR ARISING OUT OF ANY CLAIM OR DEMAND OF ANY KIND OR NATURE WHICH ANY PERSON OR PARTY MAY MAKE AGAINST ARTPRIZE OR ITS AFFILIATES BASED UPON OR ARISING OUT OF THE CONTENT OF THE ARTPRIZE WEBSITE, INCLUDING THE SALES LINK, THE ARTPRIZE EVENT, OR ANY OTHER CLAIM OR DEMAND RELATING TO ARTPRIZE.
8. ADDITIONAL RULES: An Entry must not infringe upon third party rights. An Entry that, in the sole discretion of ArtPrize, may infringe on third party rights will be disqualified. The Artist is responsible to ensure that an Entry, as well as the documentation of that Entry provided on the ArtPrize website, does not infringe upon, violate or misappropriate any intellectual property or other proprietary rights owned or possessed by any third party. Each Artist will defend, indemnify and hold harmless ArtPrize and its affiliates, agents, directors, officers and employees, from and against any and all liability, claims, suits, actions, losses and expenses, including costs and attorney fees relating to or arising out of any claim or demand of any kind or nature which any person or party may make against ArtPrize or any of its affiliates, agents, directors, officers and employees based upon or arising out of the Entry or any other claim or demand relating to ArtPrize, including any claim of infringement. ArtPrize may disqualify any Entry if it determines, in its sole discretion, that any persons or animals were harmed in the production of such Entry. ArtPrize is not responsible for inaccurate, fraudulent, incomplete, illegible, tampered with, misdirected, late or stolen Entries or transmissions, or problems of any kind whether mechanical, human or electronic.
9. VOTING: ArtPrize Entries will be judged by public vote as described on the ArtPrize website. Voters must register with ArtPrize as described on the ArtPrize website. Voters will be instructed to vote for their favorite Entries. The first round of public voting will take place between September 21, 2016 and October 1, 2016 (the “Preliminary Competition Period”). The top five (5) Entries based on voting during the Preliminary Competition Period from each of the four categories (2-D, 3-D, Time-Based and Installation), for a total of twenty (20) Entries, will be promoted to the Final Round. Voting for the Final Round will take place between October 2, 2016 and October 6, 2016. Votes in both the Preliminary Competition Period and the Final Round will be cast either (a) by accessing http://www.artprize.org and following the posted voting instructions, or (b) by mobile device as set forth by http://www.artprize.org. Individuals must be 13 years or older to vote. The use of robotic or automated devices for voting is prohibited.
10. LIMIT OF TWO ENTRIES PER VENUE IN “FINAL 20”: ArtPrize Entries are voted on by the public in two rounds. There can be a maximum of two Entries from each venue in the second round, called the “Final 20.” If more than two entries from one venue receive enough votes to be eligible for the Final 20, only the two with the most votes will advance to the second round.
11. WINNER SELECTION: The voting process will determine the winner of the Public Vote Grand Prize and the winners of the four Public Vote Category Prizes. In the unlikely event of a tie, the rank of the tied entries will be determined by which entry received the most votes in the 24 hour period leading up to the close of the voting period. Winners of the Juried Awards will be determined by jurors appointed by ArtPrize, in its sole discretion. The winners will be announced on October 7, 2016.
12. PRIZES: Prizes will be awarded by ArtPrize Grand Rapids. The Public Vote Grand Prize Entry will receive $200,000 (U.S. Dollars); the Public Vote 2-D Prize Entry will receive $12,500 (U.S. Dollars); the Public Vote 3-D Prize Entry will receive $12,500 (U.S. Dollars); the Public Vote Time-Based Prize Entry will receive $12,500 (U.S. Dollars) and the Public Vote Installation Prize Entry will receive $12,500 (U.S. Dollars). The Public Vote Grand Prize Entry will be also be acknowledged as the winner of its respective category, but the total prize awarded will be $200,000 (not $212,500).
The Juried Grand Prize Entry will receive $200,000 (U.S. Dollars); the Juried 2-D Prize Entry will receive $12,500 (U.S. Dollars); the Juried 3-D Prize Entry will receive $12,500 (U.S. Dollars); the Juried Time-Based Prize Entry will receive $12,500 (U.S. Dollars); the Juried Installation Prize Entry will receive $12,500 (U.S. Dollars). In the event that the Juried Grand Prize Entry is also the winner of its respective category, the Entry will be acknowledged as the winner of both prizes, but the total prize awarded will be $200,000 (not $212,500).
The prizes will be awarded in a lump sum to the individual Artist in whose name the Entry was submitted. Prizes for an Entry from a collaborative group will be paid either to the Artist who created the account on artprize.org associated with the Entry, or divided among the Collaborative Artists, at that Artist’s discretion.
13. GRAND PRIZE WINNERS LOAN AND REPRODUCTION RIGHTS: Entries that win the Public Vote Grand Prize and the Juried Grand Prize will be subject to two additional rules.
a. ArtPrize will have the option to retain the Entries on loan from the winners of the two Grand Prizes (Public Vote Grand Prize and Juried Grand Prize) for the purpose of continued public display for one year following the closing day of ArtPrize (October 9, 2016 to October 16, 2017).
b. The Grand Prize winners will each be required to sign and return a Copyright Authorization giving ArtPrize non-exclusive access to all underlying copyrights in and to the Entry, including the specific authority to make derivative works relating to the Entry.
14. WINNERS’ NAMES: Names of winners will be available on the ArtPrize website or upon request by sending an email to email@example.com .
15. GENERAL CONDITIONS: Winners will be notified by email at their address provided in the registration on or about October 7, 2016 at the email address provided to ArtPrize. Winners will be required to sign and return a notarized Winner’s Affidavit of Eligibility and Release Form. In the event of noncompliance, the prize will be forfeited and may be awarded to an alternate winner. All federal, state and local taxes are the sole responsibility of the winner. By acceptance of prize, all Artists who are winners agree without limitation to the use of his/her name, user name, photograph and/or likeness for publicity purposes without any additional compensation, except where prohibited by law. Artist agrees to be bound by these Rules and the decisions of ArtPrize, which are final and binding in all matters related to ArtPrize. By participating in ArtPrize, Artist agrees that ArtPrize and its respective affiliates, agents, directors, officers and employees have no liability whatsoever for any injuries, losses or damages of any kind relating to or arising from ArtPrize or resulting from participation in ArtPrize, the acceptance, possession, use or misuse of any Entry, or technical, hardware, software or telephone failures of any kind, cost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by ArtPrize, users or by any of the equipment or programming associated with or utilized in ArtPrize or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit an entrant’s ability to participate in ArtPrize. By participating in ArtPrize, the Artist agrees to defend, indemnify and hold harmless ArtPrize and its affiliates, agents, directors, officers and employees from and against any and all liability, claims, suits, actions, losses and expenses, including costs and attorney fees, relating to or arising out of any claim or demand of any kind or nature which any person or party may make against ArtPrize based upon or arising out of the Entry, the Artist’s participation in ArtPrize, or any other claim or demand relating to ArtPrize. ArtPrize may prohibit an Artist from participating in ArtPrize or winning a prize if, in its sole discretion, it determines that said Artist is attempting to undermine the legitimate operation of ArtPrize by cheating, hacking, deception or other unfair participation or voting practices or intending to annoy, abuse, threaten or harass any other entrants or ArtPrize’s representatives. ArtPrize’s decisions and the decisions of the ArtPrize Board are final on all matters relating to ArtPrize and the subject matter of these Rules. The obligations of each collaborative Artist are joint and several. ArtPrize may prohibit an Artist from participating in ArtPrize in its sole discretion. ArtPrize is not responsible for typographical or other errors in the offer or administration of ArtPrize, including but not limited to errors in the advertising, Rules, selection and announcement of the winner and distribution of the prizes. ArtPrize reserves the right to terminate or amend ArtPrize, including but not limited to the right to terminate or amend ArtPrize in whole or in part, at any time without notice, if any factor, including without limitation virus, bugs, or non-authorized human intervention, interferes with its conduct as contemplated by these official rules. In case of dispute, an Entry will be declared made by the authorized account holder of the email address submitted at the time of Entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet Access Provider, online service provider or other organization (e.g., business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ARTPRIZE MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ARTPRIZE RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.