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, are 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. COLLABORATIVE ARTISTS ENTRY AND ENTRY FEE: 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 in 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 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 as 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://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://artprize.org/get-involved/venues/details/#venue-venue-downloads-resources 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) Each Entry must be exhibited for the entire length of ArtPrize, from September 18, 2013 to October 6, 2013.
- (f) If an Entry is time-based or performance oriented, the Entry must at least be performed within the first round of voting (September 18, 2013 – September 28, 2013) with an artifact or other representation or record satisfactory to ArtPrize left behind to be presented for the remainder of the competition.
- (g) Each Entry must abide by all applicable Grand Rapids city codes and ordinances and other applicable laws and regulations.
- (h) 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.
- (i) Artist Registration must be complete by 5:00 p.m. EDT on June 6, 2013.
- (j) Venue matching and a Hosting Agreement as described above must be complete by 5:00 p.m. EDT on June 20, 2013.
- (k) 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.
- (l) The Entry must be currently owned by the Artist or by the group of Collaborative Artists.
- (m) 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.
- (n) ArtPrize reserves the right to use all information on the Entry, 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.
- (o) ArtPrize reserves the right to document ArtPrize and all associated displays and events and reserves the right to use this documentation for any purpose.
- (p) ArtPrize bears no liability to the Artist or relating to the Entry.
- (q) The Artist commits to participating in ArtPrize in keeping with the spirit of ArtPrize as described on the ArtPrize website.
- (r) The Artist retains ownership of the Entry unless the Artist negotiates otherwise with Venues, sponsors, or other third parties; and except as provided below with respect to the 1st place winner’s obligation to transfer the Entry to ArtPrize.
- (s) Entries from prior ArtPrize competitions, or Entries that are identical to Entries from prior ArtPrize competitions, may not be entered in ArtPrize.
- (t) Subject to the 1st place winner’s obligation to transfer the Entry to ArtPrize as described below, 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. The Artist agrees that any offer to sell the Entry shall be expressly subject to the 1st place winner’s obligation to transfer the Entry to ArtPrize. Any attempted sale of the 1st place Entry shall be null and void. Sold works will only be available to purchasers after the close of ArtPrize. 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.
- (u) Artists who are awarded one of the top ten prizes or juried awards 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 the top ten prizes and the juried awards of ArtPrize 2012 may not enter ArtPrize 2013 either as a solo Artist or a Collaborative Artist.
6. 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.
7. 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 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.
8. 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 18, 2013 and September 28, 2013 (the “Preliminary Competition Period”). The top ten Entries based on voting during the Preliminary Competition Period will be promoted to the Final Round. Voting for the Final Round will take place between September 29, 2013 and October 3, 2013. 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 16 years or older to vote. The use of robotic or automated devices for voting is prohibited.
9. WINNER SELECTION: The voting process will determine the 1st through 10th place winners of ArtPrize. 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 4, 2013.
10. PRIZE: Prizes will be awarded by ArtPrize Grand Rapids. The 1st place Entry will receive $200,000 (U.S. Dollars); the 2nd place Entry $75,000 (U.S. Dollars), the 3rd place Entry $50,000 (U.S. Dollars) and the 4th through 10th place Entries $5,000 (U.S. Dollars) each. The Entry that receives the ArtPrize Juried Grand Prize will receive $100,000 (U.S. Dollars). The Entries that receive category juried awards (2-D, 3-D, time-based, urban space) will receive $20,000 (U.S. Dollars). 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.
11. TRANSFER OF WINNING ENTRY TO ARTPRIZE: All Artists who are 1st place ArtPrize winners agree to transfer all rights and ownership of the winning Entry to ArtPrize. In addition, prior to receiving the prize, the Artists who are 1st place winners will each be required to sign and return a Copyright Assignment in the form set forth on the ArtPrize website, transferring all rights and ownership in the Entry to ArtPrize, along with all underlying copyrights in and to the Entry, including the specific authority to make derivative works relating to the Entry. If the winning Entry is a time-based or performance-oriented Entry, then the artifact or other representation or record of the Entry shall be included as part of the transfer to ArtPrize as described above. If the winning Entry is permanently installed at its Venue, ArtPrize shall still own the work and all rights to it. If the work cannot be removed from the Venue, or if moving it is not desired, ArtPrize reserves the right to negotiate the terms of a permanent loan of the winning Entry to the host Venue.
12. WINNERS’ NAMES: Names of winners will be available on the ArtPrize website or upon request by sending an e-mail to firstname.lastname@example.org.