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Contest Rules

ELIGIBILITY

The 3rd Ward Open Call contest ("Contest") is open to international artists, who are 13 years of age or older as of the date of entry. All entries which are prohibited by applicable law shall be deemed to be void. 3rd Ward Open Call ("3rd Ward Open Call") reserves the right to verify all eligibility requirements. Contest is subject to all applicable federal, state, and local laws and regulations. Employees and their immediate families (defined as spouses, parents, siblings, children, grandparents and in-laws) and any members of their households employed by 3rd Ward Open Call or any of its affiliates, parent corporations, subsidiaries, advertising and promotion agencies are not eligible to participate. Minors under the age of 18 may enter online by providing their parent or legal guardian's e-mail address. 3rd Ward Open Call will notify parent or legal guardian when their child has entered a contest at www.3rdwardopencall.com. Parent or legal guardian will have seven (7) days to object by e-mail to their child's entry. If a parent or legal guardian sends an email stating their objection within seven (7) days of being notified by 3rd Ward Open Call, such child's entry and information will be deleted. Minors under the age of 18 who are selected as a potential winner will also be required to provide 3rd Ward Open Call with a parental permission form, which will be sent to the parent/legal guardian's email address of potential winners under the age of 18. The form must include a parent's or legal guardian's approval signature and be returned by mail or by fax to an address and fax number provided on the form within seven (7) days from the date of notice in order to be eligible to receive a prize. Any minor who does not provide this parental permission form within seven (7) days will forfeit his or her right to be declared a winner and/or win a prize, and an alternate winner will be selected.

HOW TO ENTER

Visit www.3rdwardopencall.com and complete and submit the online entry form. Follow the directions provided to upload your artwork. Entries are complete when entrant's artwork has been successfully uploaded and the required payment is received. All entries must be accompanied by the payment of a FIFTEEN Dollar ($15.00) entry fee. All entries and payments must be received by 11:59 p.m. Eastern Time on February 29, 2012 (the "Standard Deadline"). Entries will be accepted after the Standard Deadline, but in any event prior to 11:59 p.m. Eastern Time on March 9, 2012 (the "Final Deadline"), time being of the essence, provided any such late entries will be subject to an additional Ten Dollar ($10.00) late entry fee. Any entries and/or payments submitted after the Final Deadline will be automatically void.

Each entry must be the original work of the entrant, and entrant must be the sole owner of the copyright of such entry. 3rd Ward Open Call reserves the right, in its sole discretion, to disqualify any entry it deems to be offensive, inappropriate, derogatory, indecent, obscene, hateful, tortuous, defamatory, slanderous, libelous, that is not in keeping with 3rd Ward Open Call's image or that is otherwise not in compliance with the terms of these Official Contest Rules. In addition, all entries must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, which determination 3rd Ward Open Call may make in its sole discretion.

Entrant must have obtained express written consent to submit any entry that contains persons other than entrant or third-party elements not owned by entrant and, if requested to do so, produce such written consent from appropriate parties in a form and manner acceptable to 3rd Ward Open Call . All entries must not contain material that violates or infringes another's rights, including, but not limited to, privacy, publicity or intellectual property rights, or that constitutes copyright infringement.

GRAND PRIZE JUDGING

One (1) potential Grand Prize winner will be determined from among all eligible entries. All eligible entries received will be pre-screened by 3rd Ward Open Call and, at 3rd Ward Open Call's discretion, posted online at www.3rdwardopencall.com between date of completed submission and the Final Deadline ("Online Voting Period"). Eligible visitors to the site will have a chance to vote for their favorite entry during the Online Voting Period. Votes generated by script, macro or other automated means or with the intent to impair the integrity of the voting process will be void. The entrant with the entry receiving the highest number of votes, as determined by 3rd Ward Open Call, will be the potential Grand Prize Winner

In the event of a tie for any prize, an additional "tie-breaking" judge selected by 3rd Ward Open Call will determine the applicable winner from among those tied using the rating system. 3rd Ward Open Call reserves the right to not award any prize if, in its sole discretion, an insufficient number of eligible and qualified entries are received. Decisions of 3rd Ward Open Call and judges are final and binding.

CATEGORY AWARD JUDGING

Four (4) potential Category Winners will be determined from among all eligible entries based on a rating system that considers uniqueness, skill, and ambition. The 4 entrants who submitted the entry receiving the highest score, as determined by 3rd Ward in its sole discretion, will be the potential Category Award winners. Category award winners will be selected by our distinguished panel of judges in art, photography, furniture design, and graphic design. Every category winner will be awarded a 3-month Unlimited 3rd Ward Membership, a $500 cash grant and inclusion in a group show in the 3rd Ward Gallery.

WINNER NOTIFICATION

Potential winners (or parent/legal guardian if winner is a minor) will be notified by telephone, mail and/or e-mail on or about April 20, 2012, and will be required to execute and return an Affidavit of Eligibility and Liability and, unless prohibited, a Publicity Release, a W-9 Form and any additional documents that may be required by 3rd Ward Open Call within fourteen (14) calendar days of date of issuance. In the event that a potential winner is an eligible minor in his/her jurisdiction of residence, his/her parent or legal guardian will be notified by e-mail and required to sign and return a parental permission form and release, and prize(s) may, at 3rd Ward Open Call's discretion, be awarded in the name of the parent or legal guardian, and such parent or legal guardian will be required to fulfill all requirements imposed on winners set forth herein. Noncompliance with this time period or with these Official Contest Rules, or the return of any prize notification as undeliverable, may result in disqualification and, at 3rd Ward Open Call's discretion, the prize will be awarded to an applicable runner-up.

As a condition of receiving the "Grand Prize", the " Category Award" or any other supplementary prizes awarded by 3rd Ward Open Call, the potential winner agrees to have their work shown in public, and to make themselves available for interviews, photographs with their work, and public appearances, including, but not limited to, the Artists Gallery Reception as outlined in the contest awards; failure of which 3rd Ward Open Call may award such prizes to an applicable runner-up. Potential winners will be required to execute and deliver to 3rd Ward Open Call a consignment or other agreement, in a form satisfactory to 3rd Ward Open Call, relating to the display and sale of the winner's artwork.

CONTEST AWARDS

Grand Prize: Potential winner will receive inclusion in a group gallery exhibition and reception in Brooklyn, NY, at 3rd Ward Gallery, in its sole discretion. Additionally, the potential winner will be awarded $5,000 and a 1-year Unlimited 3rd Ward Membership. 3rd Ward is not responsible for living arrangements for selected winner. Potential winners who are minors under the age of 18 may receive the Cash Prize, which will be delivered directly to the minor's parent or guardian. No parties other than the individual winning artist will be compensated.

PEOPLE'S CHOICE AWARD

Potential winner will receive $500; provided, however, if such potential winner is a minor under the age of 18, such prize shall be delivered to the minor's parent or guardian. Each potential winner must contact 3rd Ward Open Call within fourteen (14) calendar days after such potential winner is notified that he or she has won the Contest, failure of which, such potential winner may be disqualified and, at 3rd Ward Open Call's discretion, the applicable prize(s) will be awarded to an applicable runner-up.

3rd Ward Open Call reserves the right to select one or more winners of either the Grand Prize or the Category Award for any reason, in 3rd Ward Open Call's sole discretion. 3rd Ward Open Call reserves the right to select the same artist for both the Grand Prize and the Category Award. Potential winners of the Grand Prize Award will be selected by a public, online voting format, in which visitors to the website will be limited to one vote. 3rd Ward Open Call reserves the right to void potential winners in the case of any fraud, misrepresentation or impropriety, as determined by 3rd Ward Open Call.

All prize details are at the sole discretion of 3rd Ward Open Call. No substitutions, or transfers of prizes are permitted by winners. 3rd Ward Open Call reserves the right to substitute a prize (or portion thereof) of comparable or greater value, in its sole discretion. Prizes are awarded "as is" with no warranty or guarantee, either express or implied by 3rd Ward Open Call.

Please note: EACH ENTRANT SHOULD CONSULT WITH HIS OR HER OWN TAX ADVISER WITH RESPECT TO THE FEDERAL, STATE AND LOCAL TAX CONSEQUENCES OF THE PRIZES AWARDED IN THE CONTEST (INCLUDING, WITHOUT LIMITATION, ANY APARTMENT, CONDOMINIUM OR OTHER LIVING SPACE OFFERED AND ANY SALE OF THE ARTWORK). NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS LEGAL OR TAX ADVICE TO AN ENTRANT. NEITHER 3rd Ward Open Call, THE SPONSOR NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY WARRANTY WITH RESPECT TO OR ASSUMES ANY RESPONSIBILITY FOR THE TAX CONSEQUENCES RELATING TO THE CONTEST AND THE PRIZES AWARDED HEREBY. THE INCOME TAX CONSIDERATIONS OF ANY PRIZE ARE COMPLEX AND MAY NOT BE THE SAME FOR ALL ENTRANTS.

USE OF ENTRY

By submitting an entry, entrant grants 3rd Ward Open Call and its designees an irrevocable, royalty-free, non-exclusive, worldwide perpetual license to use the entry and his/her name, city and state of residence for credit purposes in 3rd Ward Open Call's online galleries, or any other use on 3rd Ward Open Call's website, without further compensation, notification or permission, unless prohibited by law. In addition, each winner grants to 3rd Ward Open Call and its designees an irrevocable, royalty-free, non-exclusive, worldwide perpetual license to use and distribute the entry (as submitted, or as cropped by 3rd Ward Open Call), and his/her name, city and state of residence for credit purposes, in any and all media now or hereafter known, for purposes of promotion of the Contest and other 3rd Ward Open Call contests and/or for purposes of advertising and promoting 3rd Ward Open Call and, except as otherwise stated herein, without further compensation, notification or permission, unless prohibited by law.

USE OF PERSONAL INFORMATION

The personal information of entrant collected in connection with the Contest will be used in accordance with the Privacy Policy Statement below, including, without limitation, for marketing and promotional purposes.

This use of entry allows rights only in connection with the execution and promotion of 3rd Ward Open Call. We will never sell your work to external parties without express written consent from you and clear compensation. We are not an image brokerage and have no intention of being one. However, we do look for opportunities for all who participate and will do our best to connect you directly with those.

MISCELLANEOUS

Released Parties (as defined below) are not responsible for late, lost, garbled, damaged, incomplete, delayed, undelivered, or misdirected entries or photographs, or for computer, technical, printing, typographical, human or other errors relating to or in connection with the Contest, including, without limitation, inability to access any website associated with the Contest, errors which may occur in the administration of the Contest, the processing or judging of entries, the announcement of the prizes or in any Contest-related materials. If for any reason the Contest (or any portion thereof) is not capable of running as planned, including infection by tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest,3rd Ward Open Call reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest and, if terminated, at its discretion, determine winners from among all non-suspect, eligible entries received up to time of such action using judging procedure described above. By participating in the Contest, entrant fully and unconditionally agrees (i) to be bound by the terms of these Official Contest Rules and the decisions of 3rd Ward Open Call and judges, which are final and binding in all respects, and (ii) to indemnify, defend and hold 3rd Ward Open Call, Sponsor and their respective parents, affiliates, subsidiaries, prize suppliers and advertising and promotion agencies, and the respective directors, officers, employees and agents of the foregoing (collectively, the "Released Parties"), harmless against any and all claims and liability arising, in whole or in part, directly or indirectly, out of or in connection with participation in the Contest, acceptance and use of any prize or Released Parties' use of any of the rights granted herein. 3rd Ward Open Call may disqualify (and void all associated entries) anyone from participating in the Contest or winning a prize if, in its sole discretion, it determines that such person is attempting to undermine the legitimate operation of the Contest by cheating, fraud, misrepresentation, deception or other unfair practices, or intending to annoy, abuse, threaten or harass any other entrant or3rd Ward Open Call's representatives or who is otherwise not in compliance with the terms of these Official Contest Rules.

ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, 3rd Ward Open Call RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

WINNERS' LIST: For the list of winners (available after April 20, 2012) send a separate, stamped, self-addressed envelope to the address below:

3rd Ward Open Call
195 Morgan Ave.
Brooklyn, NY 11237

Terms

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. IF YOU AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE click on the "I Accept Terms of Use" button below INDICATING YOUR INTENT TO BE LEGALLY BOUND HEREBY. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT click on the "I Accept Terms of Use" button below AND DO NOT USE OR ACCESS OUR WEBSITE.

Welcome to 3rd Ward Open Call's website (the "Site"). We are dedicated to the free expression of our users in a collaborative and sharing environment. We reserve only the rights necessary to facilitate the dissemination of content and material on this Site. We support the intellectual property rights of the creators of those materials. We also support the use of open source software and the widespread dissemination and use of online materials consistent with the rights of our users and applicable law. We will take all reasonable measures to keep information and users safe. We hope your experience with 3rd Ward Open Call will be enjoyable and productive.

Terms that Govern the Use of the Site.

1. General Use of the Site and Agreement to these Terms of Use.

These Terms of Use govern our mutual rights and responsibilities when you use the resources and services provided by 3rd Ward Open Call (collectively, "3rd Ward Open Call", "we", or "us").

These Terms of Use, and our Privacy Policy Statement (the "Privacy Policy"), which is incorporated into these Terms of Use by reference, apply to all activities and modalities on the Site, including, but not limited to, Blogs, Forums, Groups, and Wikis.

Unless otherwise agreed to, you are subject to these Terms of Use, and any additional terms that may apply. These additional terms, if any, will be available through the Site. These Terms of Use create a legal agreement between you and the Site and supersede any prior agreements between you and the Site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these Terms of Use were last revised. You are responsible for regularly reviewing these Terms of Use. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site.

By accessing the Site, you agree to comply with all applicable laws (including, but not limited to, libel, obscenity, and child pornography), assume responsibility for your activities, and agree not to harass, disrupt, abuse, or invade the privacy rights of others.

By accepting these Terms of Use, you agree to provide accurate, complete and current information and to maintain and update such information to keep it accurate, complete and current. If you fail to do so, we reserve the right to terminate your account.

2. Rights and Obligations Related to Content and Material.

The Site and its contents are protected by copyright pursuant to U.S. and international copyright laws.

By posting your material on the Site, you are granting us and our affiliates a nonexclusive, royalty free, perpetual, and worldwide license to use your content on the Site until you remove or delete it, including, but not limited to, the right to copy, distribute, transmit, display, perform, reproduce, edit, translate, reformat, and/or incorporate into a collective work. Whenever possible, we will credit you as an author, and you agree to give us the right to use your name for attribution purposes.

The Site includes information, views, opinions and recommendations of individuals and organizations of interest to the art community. 3rd Ward Open Call assumes no responsibility for the accuracy, currency, completeness, or usefulness of any information in any material on the Site and does not endorse any opinions or recommendations posted by members or registered users nor do we give art-related investment advice. You should exercise discretion and skepticism before relying on information in messages or art submissions since it may be incorrect or misleading.

We do not screen, review or edit messages posted by users. Notwithstanding the foregoing, we reserve the right to monitor and/or remove any information transmitted or received through the Site, or to terminate your membership and use of the Site at any time, without notice, in our sole discretion. It is each user's responsibility to bring violations of these Terms of Use to our attention, although we do not guaranty any action based on such information. The following actions, among others, may result in removal of information and/or termination of your membership:

The posting of the following content in any member account:

• Nudity, pornography, and sexual material of a lewd, lecherous or obscene nature or intent or that violates local, state or federal laws.
• Any material that violates or infringes in any way upon the proprietary rights of others including, without limitation, copyright or trademark rights.
• Any material that is threatening, abusive, harassing, slanderous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable including posting private information belonging to or about other individuals.
• Content that promotes, encourages, or provides instructional information about illegal activities.
• Hate propaganda or hate mongering, swearing, or fraudulent material or activity.
• The use of the Site for any illegal purposes.
• Providing false information to 3rd Ward Open Call.
• Any violation of the letter or spirit of these Terms of Use.

The Site allows registered members to submit artwork by uploading image files to the Site's servers. Subject to our Privacy Policy, as a registered member you agree to receive periodic emails from us containing information about new features and service options and/or periodic information about special promotions. We are not responsible for content posted by the Site's members. We do not verify or endorse any content posted by any member. We are not responsible for the delivery or quality of any goods or services that are advertised by us, our members or any other third parties on the Site. If you believe that any of the content posted by members, visitors or third parties violates your proprietary rights, including copyrights, please report it to us immediately.

You must be at least thirteen (13) years old to sign up as a member. As a member you are solely and fully responsible for any content posted by you or visitors to your account. Although we review member account content on a spot check basis, we cannot establish nor guarantee the legal nature of any such content.

By submitting your artwork to the Site, you represent that the artwork complies with these Terms of Use. If any third party brings a claim, lawsuit or other proceeding against 3rd Ward Open Call or its affiliates based on content you post on the Site, you agree to compensate 3rd Ward Open Call and/or its affiliates, officers, directors, members, employees and agents for any and all losses, liabilities, damages or expenses, including attorney's fees, incurred by such party in connection with any such claim, lawsuit or proceeding.

We are not responsible for any financial or personal loss to members using their accounts for business or any other purpose for any reason including, but not limited to, server down situations (i.e. server malfunction, server crashes or software related problems) and accidental or willful deletion of member accounts and/or contents of said accounts.

Images stored on our servers are for online sharing purposes and not meant for permanent or temporary archival purposes. Therefore, we are not obligated to maintain back-up copies of any material submitted or posted on the Site.

3. Proprietary Rights.

Your use of the Site affords you access to many of the features of the Site, but some aspects of the Site remain within our exclusive proprietary control. We own the intellectual property rights to any and all protectable components of the Site, including, but not limited to, the computer software, the related documentation, the "look and feel," the end-user interfaces, the name of the Site, and many of the individual features. You shall not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the Site which we own.

4. Termination.

You agree that we may, in our sole discretion, terminate or suspend your access to all or any part of the Site for any reason including, without limitation, your breach of these Terms of Use or any subsequent modifications, failure to answer our inquiries in a timely manner, failure to maintain an active email, or any attempted assignment of your account by you. Any suspected fraudulent, abusive, or illegal activity may be grounds for termination of your account and may be referred to appropriate law enforcement authorities. 3rd Ward Open Call shall not be liable to you or any third party for the termination of the Site and/or your account or any claims related to the termination of the Site and/or your account.

5. Limitation of Liability.

You must bear the risk of any liability relating to your use of the Site. ACCORDINGLY, YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE SITE, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING IN THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

6. Indemnity.

You shall defend, indemnify and hold harmless 3rd Ward Open Call and its affiliates, members, officers, directors, employees, consultants, agents and representatives, and their respective heirs, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorneys' fees), relating to any acts by you or materials or information transmitted by you in connection with the Site, your violation of these Terms of Use or your infringement, or infringement by any contestant as part of a contest, of any intellectual property or other right of any person or entity, regardless of the type of claim or the nature of the cause of action. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

7. Disclaimers of Warranty.

THE SITE IS PROVIDED "AS IS" AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED ON THE SITE. FURTHER, YOU EXPRESSLY UNDERSTAND THAT WE MAKE NO REPRESENTATIONS THAT INDIVIDUALS USING THE SITE ARE WHOM THEY PURPORT TO BE. WE HAVE NO CONTROL OVER, AND ACCEPT NO RESPONSIBILITY FOR, ANY CONTESTS OR ACTIONS OF ANY THIRD PARTY. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SITE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THE SITE.

8. Miscellaneous Provisions.

A. Choice of Law/Jurisdiction. You agree that these Terms of Use shall for all purposes be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law provisions thereof, and that any action arising out of these Terms of Use shall be litigated and enforced under the laws of the State of New York. Further, you agree to submit to the exclusive jurisdiction and venue of the courts of the State of New York, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the State of New York.

B. Waivers. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The failure of 3rd Ward Open Call to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

C. Severability. If any provision of these Terms of Use shall be declared void or invalid by a court of competent jurisdiction, such void or invalid provision shall not in any way impair the entire Terms of Use, the remaining provisions shall be construed as if not containing the provisions held to be void or invalid, and the rights and obligations of the parties hereto shall be construed and enforced accordingly. If any court with jurisdiction should determine that any provision of these Terms of Use is overbroad or otherwise unenforceable, the court may narrow or limit the provision so as to make it enforceable.

D. Headings. The headings used in these Terms of Use are for reference purposes only and do not constitute substantive matter to be considered and construed as the terms of these Terms of Use.

E. Binding Agreement. These Terms of Use shall be binding upon you and your employees, representatives, and agents, and their respective heirs, successors and assigns and shall inure to the benefit of 3rd Ward Open Call and its affiliates, successors, assigns and licensees.

F. Entire Agreement. These Terms of Use and any and all other online policies promulgated by 3rd Ward Open Call, constitute the entire agreement between us and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

G. Acknowledgment. IF YOU AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE click on the "I Accept Terms of Use" button below INDICATING YOUR INTENT TO BE LEGALLY BOUND HEREBY. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT click on the "I Accept Terms of Use" button below AND DO NOT USE OR ACCESS THE SITE.

Privacy Policy

Thank you for visiting our website at www.3rdwardopencall.com (the "site"). Your privacy is important to us. It is our goal to bring you information that is valuable to your career and, at the same time, to protect your privacy. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used at 3rd Ward Open Call, LLC. By using of any portion of our site, including, without limitation, submitting your artwork to our site, you agree to the terms of this Privacy Policy Statement (the "policy") as they may be amended from time to time. As we update and expand our services, this policy may change, so we encourage you to visit this page periodically. Continued access of this site by you will constitute your acceptance of any changes or revisions to the policy. If you cannot agree with the terms and conditions of this policy, please do not use our site. Please also note that this policy does not address our practices regarding information that we collect through any website, or by any other means, other than through this site.

Collected Information

The information we collect is gathered from several sources. These include, without limitation, our e-Newsletter subscription forms, site registration, online galleries, contest entries, website message postings, survey information and purchases via telephone, direct mail, email and other electronic sources. From these sources, we may collect postal addresses, e-mail addresses, telephone numbers, payment information (e.g., credit card number and billing address), and/or demographic information for those individuals who volunteer such information. When you visit our site, our web server automatically recognizes your domain name, the type of browser software you use, the operating system you are running, the website that referred you, and the Internet Protocol ("IP") address, but no other identifiable information unless volunteered. In addition, we collect aggregate information on what web pages visitors access. We use this information for purposes such as calculating site usage levels, helping diagnose problems with the site's servers, administering the site, and improving site-related services and features.

How We Use Collected Information

The information we collect is used to improve the content of our web pages, customize the content and layout of our pages for each individual visitor, and/or notify visitors about updates to our site. As part of a subscription, gallery usage, registration or contest entry agreement, subscribers, contest entrants and registrants (galleries and other registrants) can be contacted by us through both mail and e-mail to communicate with them about their subscription, registration, contests and topics that may be of interest. Persons who supply us with their telephone numbers online will only receive telephone contact from us with information regarding orders they have placed online or any contest entry. We also may use the information to contact them for marketing purposes.

We work with third parties who provide services including, but not limited to, data analysis, payment processing, order fulfillment and other services of an administrative nature. We reserve the right to share information about you with such third parties for the purpose of enabling them to provide these services. For example, if you choose to make a purchase through the site, we may share your payment information or other information with our third party service providers to fulfill your purchase, including, without limitation, to process your credit card or payment account number or to ship products to you.

Notwithstanding any other provision of this policy to the contrary, we reserve the right to disclose information about you to others as we believe to be appropriate (a) under applicable law; (b) to comply with legal process; (c) to respond to governmental requests; (d) to enforce our Terms of Use; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of our company, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose information about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.

We reserve the right to transfer any and all information that we collect from the site users to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or ownership interests (including, without limitation, in connection with any bankruptcy or similar proceedings).

Postal Communications

If you supply us with your postal address online, you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by calling us at the number(s) provided below or writing to us at the below address.

You may receive mailings from other reputable companies.

E-mail Communications

If you have registered for our products and/or services, entered a contest and/or have supplied an e-mail address, you will receive emails pertaining to these types of products, services and upcoming contests. If you do not want to receive e-mail from us in the future, please let us know by clicking unsubscribe at the bottom of all our e-mails.

From time to time, we make the e-mail addresses of those who opt in and sign up for our e-Newsletters and contest promotions available to other reputable organizations whose products or services we think you might find interesting. If you do not want us to share your e-mail address with other companies or organizations, please let us know by clicking unsubscribe at the bottom of all our e-mails.

3rd Ward Open Call, LLC ("3rd Ward Open Call") sometimes may offer contests, sweepstakes or promotions that are sponsored by or co-sponsored with identified third parties. By virtue of their sponsorship, these third parties may obtain personally identifiable information that visitors voluntarily submit to participate in the contest, sweepstakes, or promotion. 3rd Ward Open Call has no control over the third-party sponsors' use of this information.

Attention, Kids

If you are under the age of 13 (12 or younger), you may not provide any information about yourself to the site. While you may view content on the site, you may not register with the site, enter any of our sweepstakes or contests or participate in any of our chat rooms, bulletin boards or other activities that would let you enter information about yourself. If we learn that you have provided information about yourself to the site, we will delete such information.

Note to Parents

3rd Ward Open Call will not knowingly collect personally identifiable information from kids under 13. If you have any concerns about the site or its related services, wish to find out if your child is a member of one of our services or wish to cancel your child's membership, please contact us at info@3rdwardopencall.com.

Ad Servers

To bring you offers that may be of interest to you, we have relationships with other companies that we allow to place ads on our web pages. As a result of your visit to our site, ad server companies may collect information such as your domain type, your IP address and click-stream information. 3rd Ward Open Call may use reputable third parties to present or serve the advertisements that you may see at its web pages and to conduct research about the advertisements. Our privacy policy does not cover any use of information that such third parties may have collected from you or the methods used by the third parties to collect that information (e.g., cookies, web beacons and clear gifs). PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in this policy. If our information practices change at some time in the future, we will post the policy changes to our website to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our site periodically. Customers may prevent their information from being used for purposes other than those for which it was originally collected by following the information above. Upon request, we provide site visitors with access to information we maintain about them, unique identifier information (e.g., customer number or password) that we maintain about them, transaction information (e.g., dates on which customers made purchases, amounts and types of purchases) that we maintain about them, communications that the consumer/visitor has directed to our site (e.g., e-mails, customer inquiries) and contact information (e.g., name, address, phone number) that we maintain about them.

Consumers can access this information by signing into the customer service area of our site. In reference to customer subscriptions, upon request, we offer visitors the ability to have inaccuracies corrected in contact information. Consumers can have all other, non-subscription information corrected by e-mailing or writing to us at the below address.

Security

We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site, and when we transfer and receive financial information, transactions are conducted through a secure server.

Access to this information is available to you through a unique user name and password. The password is encrypted and we recommend that you not divulge it to anyone. In addition, your registration information resides on a secure server that only selected 3rd Ward Open Call personnel have access to. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. As a result, although we strive to protect personal information you provide to us, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the site or that is stored by us. You acknowledge and agree that any information you transmit through the site or upload for storage in connection with the site is so transmitted or stored at your own risk. When you order products or services through the site, you will create a unique user name and password. As stated above, we recommend that you not divulge the password to anyone. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us at the address or email address listed below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem). If you would like to update any personal information that you have previously provided to us through the site, you may do so by contacting us at info@3rdwardopencall.com.

IMPORTANT - DO NOT DISCLOSE PERSONAL INFORMATION IN FORUMS OR ON MESSAGE BOARDS. WHENEVER YOU DO SO, ALL OF THAT INFORMATION CAN BE COLLECTED AND USED BY OTHERS. IF YOU POST PERSONAL INFORMATION IN PUBLIC PLACES, OTHERS MAY SEND YOU UNSOLICITED E-MAIL MESSAGES. BE CAREFUL AND SMART WITH YOUR PERSONAL INFORMATION.

If you feel that we have not complied with the policy, you may contact us at the below address.

Our postal address is:

195 Morgan Ave.
Brooklyn, NY 11237.

We can also be reached via e-mail at info@3rdwardopencall.com.

How This Works

Every giant leap begins with a small step. All participants will be considered to receive a $500 cash grant, a 3-month 3rd Ward work residency, and inclusion in a Group Show in the 3rd Ward Gallery!

In addition, the highest-rated portfolio as determined by the public will be awarded $5,000, a 1-year 3rd Ward work residency and inclusion in a Group Show in the 3rd Ward Gallery!

The World Is Yours.

The Basics:

1. Who is Eligible to Enter

   The Open Call is open to all creatives around the world! We are looking for all types of innovative work in the following categories:
   Art: Sculpture, Installation, Painting, Drawing, Illustration, Film, Video, Animation, Performance, Sound
   Photography: Fashion, Landscape, Travel, Candid, Digitally Manipulated, Artistic / Conceptual, Self-Portrait
   Furniture Design: Chairs, Tables, Experimental and more
   Graphic Design: Print, Web, Commercial, Experimental and more
   

2. How to Submit Work

   Our online submission form is quick and easy to use! All online applicants will receive a gorgeous online portfolio and will be eligible for the Grand Prize & Category Awards. Portfolios are fully editable (you can change/add images and modify your bio) until the final deadline.

   Price for entry is $15 per image, you can submit 7 or more images for a flat rate of $99 (maximum of 20 images). The $99 package includes a 1-year Basic 3rd Ward Membership free of charge. Learn more about Membership below.

   After completing payment, you will be sent a confirmation email with your username, password, and direct link to your portfolio, which you will be able to start using and sharing immediately.

3. The Awards

   The top-rated portfolio as determined by the public will be awarded the Grand Prize: a $5,000 cash grant, a 1-year 3rd Ward work residency, inclusion in a Group Show in the 3rd Ward Gallery, worldwide exposure, and an online feature promoting the artist's work internationally.

   Category award winners will be selected by our distinguished panel of judges in art, photography, furniture design, and graphic design. Every category winner will be awarded a 3-month 3rd Ward work residency, a $500 cash grant and inclusion in a Group Show in the 3rd Ward Gallery.

   The top 25 runners-up will receive online features, gaining worldwide exposure!

4. Judging

   One potential Grand Prize winner will be selected by our panel of judges. Selection is based on a rating system that considers uniqueness, skill and ambition. The four entrants whose portfolios receive the highest scores, as determined by 3rd Ward Open Call, will be the potential Category Winners. Eligible visitors to the site will have a chance to vote for their favorite entry during the Online Voting Period. The entrant whose portfolio receives the highest number of public votes, as determined by 3rd Ward Open Call will be the potential Grand Prize Winner!

   Eligible visitors to the site will have a chance to vote for their favorite entry during the Online Voting Period. The artist whose entry receives the highest number of public votes, as determined by 3rd Ward Open Call will be the potential People's Choice Award winner.

5. Use of Entry

   3rd Ward Open Call has no intention of reselling reproductions or images of your work, or using them for any commercial means outside the terms of the contest.

6. 3rd Ward Basic Membership

   3rd Ward is a multi-disciplinary workspace and education center. Basic Members receive free submission to all Open Calls for Art throughout the year. You'll also enjoy 20-25% off all of our classes and free admission to all our events. With a Basic Membership, you can take advantage of exclusive members-only access to our Wood Shop, Metal Shop, Photo Studios, Jewelry Studios and Coworking Space.

   A $99 portfolio package includes one full year of Basic Membership free of charge. Learn more here.