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ELIGIBILITY
The 3rd Ward Solo Show 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 (“3rd Ward”) 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 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 will notify parent or legal guardian when their child has entered a contest at www.3rdWard.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 , 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 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.3rdWard.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 via www.PayPal.com. 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 Thursday, July 22, 2010 (the “Initial Deadline”). Entries will be accepted after the Initial Deadline, but in any event prior to 11:59 p.m. Eastern Time on Tuesday, July 27, 2010 (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.
Please note: Entries submitted by the Initial Deadline will be eligible for (i) the Grand Prize (as described below), and (ii) the People’s Choice Award (as described below). Entries received after the Initial Deadline, but in any event prior to the Final Deadline, will be eligible for the Grand Prize only (and not eligible for the Vox Populi Award Award).
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 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 ’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 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 . 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 received by a panel of qualified judges, based on a rating system that considers uniqueness, skill, and ambition. The entrant who submitted the entry receiving the highest score, as determined by 3rd Ward in its sole discretion, will be the potential Grand Prize winner. The public voting used in the Vox Populi Award does not affect and will not otherwise be taken into account in awarding the Grand Prize.
VOX POPULI AWARD JUDGING
All eligible entries received will be pre-screened by 3rd Ward and, at 3rd Ward ’s discretion, posted online at www.3rdWard.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 , will be the potential Vox Populi Award winner.
In the event of a tie for any prize, an additional “tie-breaking” judge selected by 3rd Ward will determine the applicable winner from among those tied using the rating system. 3rd Ward 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 and judges are final and binding.
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 September 3, 2010, 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 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 ’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 ’s discretion, the prize will be awarded to an applicable runner-up.
As a condition of receiving the “Grand Prize”, the “ Vox Populi Award” or any other supplementary prizes awarded by 3rd Ward , 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 may award such prizes to an applicable runner-up. Potential winners will be required to execute and deliver to 3rd Ward a consignment or other agreement, in a form satisfactory to 3rd Ward , relating to the display and sale of the winner’s artwork.
CONTEST AWARDS
Grand Prize : Potential winner will receive a gallery exhibition and reception in Brooklyn, NY, at 3rd Ward , in its sole discretion. Additionally, the potential winner will be awarded $5,000 and an optional 3-month Residency including a live/work space provided by 3rd Ward. 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. If a winner selects the Residency Prize, such winner shall be responsible for all of his or her moving expenses and any utilities consumed within the apartment during his or her occupancy thereof. The live/work space will be delivered unfurnished, in its “AS-IS” condition, without any representations or warranties by 3rd Ward or Sponsor, expressed or implied, including, without limitation, any warranties of merchantability, habitability, fitness or any other condition thereof for any particular purpose. The Residency Prize is not transferable and the apartment shall not be rented or sublet to any other parties without the express written consent of 3rd Ward (which consent may given or denied in their sole and absolute discretion). The Grand Prize shall cover the reasonable costs of shipping the artwork to and from the potential winning artist's home or studio. The Grand Prize shall also cover the reasonable costs of airfare for the individual artist only (but not any other mode of transportation including, without limitation, bus fare, cab fare, or automobile rentals). No parties other than the individual winning artist will be compensated for airfare or other travel expenses. The Grand Prize shall not cover hotel or other living accommodations for any parties; all of which shall be arranged and paid for by the winning artist, at his or her sole cost and expense.
Vox Populi Award
Potential winner will receive $1,000; 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 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 ’s discretion, the applicable prize(s) will be awarded to an applicable runner-up. The Vox Populi Award shall cover the reasonable costs of shipping the artwork to and from the potential winning artist's home or studio.
3rd Ward reserves the right to select one or more winners of either the Grand Prize or the Vox Populi Award for any reason, in 3rd Ward ’s sole discretion. 3rd Ward reserves the right to select the same artist for both the Grand Prize and the Vox Populi Award. Potential winners of the Vox Populi Award will be selected by a public, online voting format, in which visitors to the website will be limited to one vote per day. 3rd Ward reserves the right to void potential winners in the case of any fraud, misrepresentation or impropriety, as determined by 3rd Ward .
All prize details are at the sole discretion of 3rd Ward . No substitutions, or transfers of prizes are permitted by winners. 3rd Ward 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 .
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 , 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 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 's online galleries, or any other use on 3rd Ward ’s website, without further compensation, notification or permission, unless prohibited by law. In addition, each winner grants to 3rd Ward 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 ), 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 contests and/or for purposes of advertising and promoting 3rd Ward 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.
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 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 and judges, which are final and binding in all respects, and (ii) to indemnify, defend and hold 3rd Ward , 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 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 or 3rd Ward ’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 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 September 3, 2010) send a separate, stamped, self-addressed envelope no later than November 3, 2010 to:
3rd Ward
195 Morgan Ave.
Brooklyn, NY 11237 |
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