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:

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 info@artprize.org.

13. GENERAL CONDITIONS: Winners will be notified by e-mail at the e-mail address provided to ArtPrize in the registration on or about October 3, 2013. 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 of 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, a Entry will be declared made by the authorized account holder of the e-mail address submitted at the time of Entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail 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. ArtPrize’s decisions and the decisions of the ArtPrize board are final in all matters relating to ArtPrize and the subject matter of these rules. For information regarding our privacy policy, please visit http://www.artprize.org/legal/privacy-policy.