Competition Terms and Conditions
By entering this competition, you hereby agree to the following terms and represent and warrant to New York Art Competitions (“New York Art Competitions” or “us”) that all registration information you submit is truthful and accurate.
The competition is open to all artists 18 years of age or older whose use of nyartcompetitions.com does not and will not violate any applicable law or regulation, or any agreement to which they are a party. Employees of the Chelsea International Photography Competition and sponsors are not eligible to enter.
All of the images submitted are original works of art created by you or are photographs created by an artist who authorized you to submit the images on his or her behalf. Images submitted by you do not violate the privacy rights, publicity rights, copyright or other intellectual property rights of any person or entity. You may not post, distribute, or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting our rights, it is our policy to terminate all relations with any artist who infringes copyrights upon our receipt of notice of infringement from the copyright owner or the copyright owner’s legal counsel.
You agree to follow all of New York Art Competitions’ procedures for promotion and exhibitions and that New York Art Competitions has the exclusive right to revoke your participation if those instructions are not followed.
New York Art Competitions will send a notification to selected artists along with participation forms. Artists selected for the competition must return participation forms by email, in order to be included in the exhibition and to receive company promotional benefits.
Artists who do not return their forms in time will lose the right to the exhibition and promotional benefits.
Retention of Images
By uploading your photographs, you authorize us to retain the images of such uploaded photographs in our system until the conclusion of the competition. You further authorize us to retain such images following the conclusion of the competition. We are retaining these images in order for you to be able to easily submit them to subsequent competitions in the future. At any time, after the conclusion of the competition, you may send us an email at RemoveImages@Agora-Gallery.com requesting that we delete such images. We will confirm the receipt of the email and your images will be deleted within 10 business days after the receipt of confirmation.
New York Art Competitions has the right to cancel the competition at any time for any reason and it’s only liability will be to refund the artists their entry fees.
Limitation of Liability
In the event that you bring a lawsuit or assert in any forum any claim whatsoever against New York Art Competitions, its agents, employees, representatives and/or officers, in connection with and/or arising from any claims that are in any way related to your participation in the competition and/or our relationship with you in any manner whatsoever, the maximum amount of damages to which you shall be entitled on all of your claims in the aggregate shall be the greater of either (a) the insurance proceeds received by either you or New York Art Competitions in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by the insurance policy, no more than the total amount actually paid by you to us in connection with your entry.
In the event that you commence a lawsuit or other legal proceeding against New York Art Competitions or any of New York Art Competitions’ owners, officers, employees, agent, representatives or affiliates in connection with and/or arising from any claim whatsoever relating to the competition and/or our relationship with you in any manner whatsoever; a) you hereby unconditionally consent to the exclusive jurisdiction of the state and federal courts located in the State of New York, New York County, b) New York law shall apply for the adjudication of any such claim and c) New York Art Competitions shall be entitled to recover from you all of its costs and expenses relating to any such proceeding including, without limitation, its attorneys’ fees.
You agree to indemnify and hold New York Art Competitions, its owners, subsidiaries, affiliates, officers, agents, representatives, and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, relating to any claim made by any third party due to or arising out of your violation of any of the foregoing terms and conditions and/or any breach of your covenants, representations, and warranties set forth above.
Removal From Competition
The Chelsea International Photography Competition reserves the right, in its sole discretion, to disqualify and remove any image uploaded (“entry”) that does not comply with the following requirements, even after the entry is submitted on the Website. You warrant and represent, in respect of each entry submitted by You (“Entry”), as follows:
- You are the sole owner and author of each Entry.
- You have the right to make your Entry available to the site.
- Each Entry does not contain any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane content.
- Each Entry does not contain any that could constitute or encourage conduct which would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
- Each Entry does not infringe upon the copyrights, trademarks, contract rights, or any other intellectual property rights of any third person or entity, or violate any person’s rights of privacy or publicity.
- Each Entry does not contain any commercial content that promotes any product or service other than that of the Chelsea International Photography Competition.
- Each Entry does not contain screen credits.
- You agree to fully indemnify the Chelsea International Photography Competition in respect of all royalties, fees and any other monies owing to any person by reason of your breaching any of the foregoing.
- You confirm that each person depicted in the Entry has granted permission to be portrayed as shown. Any costumes, props or other materials used must be rented or borrowed with the permission of the owner, and all other relevant permissions must have been obtained.
- The Chelsea International Photography Competition may run an online rating process whereby members of the public may vote for a favorite photograph. If there is sufficient evidence (in the Chelsea International Photography Competition’s sole discretion) to suggest malpractice and manipulation of the rating process, then the Chelsea International Photography Competition has the right to remove the relevant Entry or Entries.
- The Chelsea International Photography Competition recognizes that You, the author of the image, retain full ownership of the copyright in each Entry.
- All entrants understand that any image submitted to the site may be used by the Chelsea International Photography Competition for marketing and promotional purposes of the site only, for a maximum of three years after the entry is uploaded. You hereby grant the Chelsea International Photography Competition a non-exclusive, irrevocable license in each Entry throughout the world for three years in all media for any use connected to the promotion of the competition site.
- Any photograph used by the Chelsea International Photography Competition in the promotion of the site shall carry a credit line. Any failure to provide such credit line shall not be deemed to be a breach, as long as the Chelsea International Photography Competition uses reasonable endeavors and its best efforts to rectify such failure within a reasonable period from the date of the notice of such failure.
- You acknowledge that it is Your responsibility for protecting any Entry against image misuse by any third party, for example, but not limited to the insertion of a watermark. The Chelsea International Photography Competition and its Partners assume no responsibility and are not liable for any image misuse.
Changes To These Terms
You agree to indemnify and hold New York Art Competitions, its owners, subsidiaries, affiliates, officers, agents, representatives, and employees harmless from any loss, liability, claim, or demand, including The Chelsea International Photography Competition reserves the right, at its discretion, to make changes to any part of the competition site and its related services. Due to its policy of updating and improving the site, the Chelsea International Photography Competition may wish to change these Terms. If You use the site or related services after the Chelsea International Photography Competition has published or notified You of the changes, You are agreeing now to be bound by those changes. If You do not agree to be bound by those changes, You should not use the site (and should cancel Your subscription to any related services).
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