ARTSMITH T-SHIRT DESIGN CONTEST
TERMS AND CONDITIONS FOR ENTRANTS
Sponsor: Artsmith, Inc., 4165 White Plains Road, P.O. Box 1563, Bronx, NY 10466
These Terms and Conditions (as may be amended, supplemented or otherwise modified from time to time, the “Rules”) shall govern the t-shirt design contest (as further described below, the “Contest”) conducted by Artsmith, Inc. (“Artsmith”). Each entrant to the Contest hereby agrees to be bound by the Rules as follows:
- To be eligible to participate (an “Eligible Participant”) in the Contest, an entrant must be a U.S. resident and be (i) eighteen (18) years of age or over before the beginning of the Contest Period (as defined below) (an “Adult Participant”); or (ii) be under eighteen (18) years of age as of the beginning of the Contest Period and have a parent/legal guardian (“Guardian”) who is eighteen (18) years of age or over who can provide consent on such entrant’s behalf to enter the Contest and grant the rights set forth herein (a “Minor Participant”). Obligations in these Rules of a Minor Participant shall be considered obligations of such Minor Participant’s Guardian.
- (A) Volunteers, board members, agents and representatives of Artsmith or its affiliates, (B) the parties listed on Schedule A hereto, (C) the Judges (as defined below) and their employers, including other employees, board members, agents and representatives of the Judges’ employers, and (D) those involved in the production, development, implementation or handling of this Contest and/or members of their immediate families (spouses, children, siblings or parents) and/or persons living in the same household as such persons, whether or not related, in each case of (A)-(D), are ineligible to enter the Contest.
- Participation constitutes full and unconditional agreement to, and acceptance of, these Rules. This Contest is subject to, and all Eligible Participants shall comply with, all applicable federal, state and local laws and regulations. THIS CONTEST IS VOID WHERE PROHIBITED BY LAW.
- Contest Period: The Contest begins on September 27, 2017, at 12:00:00 a.m. EST and ends October 24, 2017, at 11:59:59 p.m. EST (the “Contest Period”). For purposes of this Contest, a day shall begin on 12:00:00 a.m. EST and end on 11:59:59 p.m. EST. Artsmith’s time clock shall be the official clock for this Contest.
- Entry into the Contest: To enter the Contest, the following steps must be completed:
- Each Eligible Participant shall access the Contest at https://artsmith.org/contest2017/ (the “Contest Website”).
- Each Eligible Participant shall register for the Contest during the Contest Period by submitting an entry form through the Contest Website providing his/her name, date of birth, email address and location. Guardians, if applicable, shall also provide their name and contact information (including email address). For a Minor Participant, the applicable Guardian must complete and sign the parental consent form found on the Contest Website (the “Parental Consent Form”) and deliver the signed Parental Consent Form to Artsmith by uploading it with their Entry (as defined below) on the Contest Website. An entry form for a Minor Participant shall not be valid if Artsmith does not receive the signed Parental Consent Form with such Minor Participant’s Entry. The information provided pursuant to this paragraph shall be referred to herein as the “Entry Information”.
- Teachers submitting entries on behalf of Minor Participants must (i) obtain any necessary approvals from the applicable school’s authorities and administrators, (ii) obtain the signed Parental Consent Form from the Guardian of the Minor Participant and (iii) provide such teachers’ names and contact information (including email address) with the Entry Information. Under no circumstances will Artsmith be liable for any errors, omissions, or negligence of a teacher while managing Guardian permissions or a teacher’s failure to consult its school’s authorities and administrators or for failing to obtain the necessary permission(s).
- Each Eligible Participant is limited to submitting one (1) entry into the Contest during the Contest Period (the “Entry”).
- No purchase or fee is necessary to register for the Contest or to submit an Entry.
- The Entry must:
- (i) depict Street Art (the “Theme”);
- (ii) be an original work of art in any of the following media/formats: drawing, painting or digital with the intent to be primarily applicable on t-shirts, clothing and other consumer items;
- (iii) contain no more than two (2) colors;
- (iv) ideally be of an original artwork size of no larger than 14” wide x 17” tall;
- (v) be uploaded to the Contest Website in high-resolution (300dpi) digital format using either of the file types: .jpg or .png;
- (vi) have a maximum size of no more than 15 MB;
- (vii) not contain copyrighted material;
- (viii) not contain threatening, offensive, or abusive material;
- (ix) be otherwise in full compliance with these Rules.
- Entries must be received between 12:00:00 a.m. EST on September 27, 2017 and 11:59:59 p.m. EST on October 24, 2017.
- Further Entry Requirements:
- All required Entry Information must be completed in full to be considered. Proof of delivery or receipt of any kind of Entry will not be deemed by Artsmith as proof of Entry or proof of validity of Entry. Any attempted form of Entry other than as described herein is void.
- Each Entry will be judged on the criteria set forth in Section 5. Entries that (i) contain information that is not reasonably pertinent to such criteria, as determined by Artsmith in its sole discretion, (ii) that include obscenities, objectionable material, defames or invades the publicity or privacy rights of any person, living or deceased, or otherwise infringes upon any third party’s personal or proprietary rights or publicity rights, (iii) are incomplete, illegible or corrupted or (iv) are otherwise in violation of these Rules will be disqualified. Artsmith shall be under no obligation to notify or inform Eligible Participants of the status or disqualification of their Entries.
- Adjudication Process Selection of Winners.
- Eligible Entries shall be judged by (i) Artsmith’s designated representative(s) listed on the Contest Website and (ii) Artsmith’s board of directors (collectively, the “Judges”). Eligible Entries shall be reviewed by the Judges between 12:00:00 a.m. EST on October 25, 2017 and 11:59:59 p.m. EST on November 7, 2017; provided, that such Entries may be reviewed by the Judges on a rolling basis as such Entries are received. All eligible Entries will be judged by the Judges in accordance with the criteria set forth in the Criteria (as defined below). The Judges will select ten (10) Contest finalists, five (5) from each age group (eighteen (18) years of age (or over) (an “Adult”) and under eighteen (18) years of age (a “Minor”) (each, an “Age Group”)) (each Entry submitted by such finalist, a “Finalist”). The Finalists will be announced on November 8, 2017.
- Entries shall be judged based upon the following criteria: (i) the level of creativity and originality, (ii) quality and execution, (iii) adherence to the Theme, (iv) representation of Artsmith’s mission and vision and (v) overall impression ((i)-(v), collectively, the “Criteria”).
- Between 12:00:00 a.m. EST on November 9, 2017 and 11:59:59 p.m. EST on November 22, 2017, members of the public may vote once per day for their preferred Finalists, one Adult Participant and one Minor Participant, by visiting Artsmith’s official accounts on the social media platforms (i) Facebook (https://www.facebook.com/ArtsmithNY/), (ii) Twitter (https://twitter.com/ArtsmithNY) and (iii) Instagram (https://www.instagram.com/ArtsmithNY/). Voters who vote more than once per day on an individual social media platform shall have all the votes they cast that day on such social media platform voided. Within one (1) week of the conclusion of the public survey period, Artsmith shall select two (2) winners, one (1) from each Age Group (each a “Winner”), based upon (i) the Judges’ review of the Criteria for each Entry and (ii) the most votes accrued for the Finalists.
- The following prizes will be awarded to the Winners and Finalists, as applicable:
- (i) Total Prizes: A total of six (6) prizes (each a “Prize”) will be awarded consisting of: two (2) grand prizes, one (1) to each Winner (the “Grand Prize”); two (2) first runner-up prizes, one (1) in each Age Group (each a “First Runner-Up Prize”), and two (2) second runner-up prizes, one (1) in each Age Group (each a “Second Runner-Up Prize”). There shall be a limit of one (1) Prize per Eligible Participant.
- (ii) Grand Prize: One (1) Grand Prize will be awarded to each Winner, consisting of (i) a framed t-shirt bearing such Winner’s Entry with an engraved award plate and (ii) a certificate for two (2) pairs of shoes from CAT Footwear for the Adult Winner and a prize pack from From The Bronx for the Minor Winner.
- (iii) First Runner-Up Prizes: Two (2) First Runner-Up Prizes will be awarded, one to each of the Finalists who are awarded second place in each Age Group, consisting of a prize pack from The Bronx Beer Hall (no alcohol included) for the Adult Winner and an art prize pack for the Minor Winner.
- (iv) Second Runner-Up Prizes: Two (2) Second Runner-Up Prizes will be awarded, one to each of the Finalists who are awarded third place in each Age Group, consisting of (i) a t-shirt bearing the Entry of the Adult Winner and (ii) a t-shirt bearing the Entry of the Minor Winner.
- The Winners will be announced on December 16, 2017. The Entries of the Winners and Finalists will be displayed at https://artsmith.org/contest2017-finalists/ and each Eligible Participant that submits an Entry shall be notified of the Winners and Finalists via the email address provided in the Entry Information.
- The following prizes will be awarded to the Winners and Finalists, as applicable:
- Prize Award: All Finalists (and, ultimately, the Winners) will be contacted through the email address provided in the Entry Information. The failure to respond timely to the notification shall result in forfeiture of the applicable Prize. Artsmith will request and each Finalist hereby agrees to provide an affidavit of eligibility and liability/publicity release covering eligibility, liability, advertising, publicity and media appearance issues, unless prohibited by law (such affidavit, the “Verification”). A Prize will not be awarded to a Finalist until the Verification has been collected. Upon completion of Verification, a Finalist shall be eligible to receive the applicable Prize. A Prize will be delivered to the Finalist at the t-shirt reveal event on December 16, 2017 or, if the Finalist is unable to attend the event, at the address provided during Verification. If a Prize, or any portion thereof, cannot be awarded for any reason, Artsmith reserves the right to substitute a Prize with another Prize of equal or greater value. It is expressly understood that Artsmith is under no obligation to any Finalist other than as expressly set forth herein. Each Finalist is solely responsible for all federal, state and local taxes and fees associated with the receipt of a Prize. Should federal, state or local law impose any tax reporting or filing obligations on Artsmith arising out of a Finalist’s participation in the Contest (including such Finalist’s receipt of and/or use of any Prize), such Finalist agrees to timely provide Artsmith with any information that is reasonably needed for Artsmith to comply with any such reporting or filing obligations.
- Assignment of Rights: Each Eligible Participant unconditionally assigns and transfers to Artsmith, and hereby does assign and transfer to Artsmith, all of such Eligible Participant’s right, title and interest in and to any intellectual property rights, including any and all copyrights and trademarks and all goodwill associated therewith contained in or embodied by any Entry submitted by such Eligible Participant in the Contest, and any and all similar or associated rights therein that exists as of the date of the Entry or that may exist in the future (including moral rights). Artsmith shall have the unconditional right to use, assign, modify, edit, adapt, dispose, and electronically alter each Entry, including but not limited to, for moral rights, to appear in promotional and/or commercial materials, as well as to reproduce it, in whole or in part, in any form whatsoever without compensation or additional consent from the applicable Eligible Participant, or any third party.
- Limitations of Liability and Release: No liability or responsibility is assumed by Artsmith, or resulting from any Eligible Participant’s participation in or attempt to participate in the Contest. Artsmith is not responsible for any typographical errors in the announcement of any Prize or these Rules. All Eligible Participants must have a valid email address. No responsibility or liability is assumed by Artsmith for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, television, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Contest Website in whole or in part for any reason; traffic congestions on the Internet or the Contest Website; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Contest. By participating in the Contest, Eligible Participants agree to release and hold Artsmith harmless from and shall indemnify Artsmith for any losses incurred by Artsmith associated with any and all claims, damages or liabilities arising from or relating to such Eligible Participant’s participation in the Contest including, without limitation, any use or misuse of any Prize. By accepting a Prize, each Winner and Finalist agrees to release and hold Artsmith harmless for any loss or injury including, without limitation, any personal injury or property damage resulting from participation in the Contest or acceptance or use/misuse of any Prize. The Prize may be deemed compensation to a Winner and a Finalist and may be subject to withholding in accordance with Artsmith’s payroll practices.
- Publicity Release: Each Eligible Participant that submits an Entry hereby grants Artsmith an irrevocable, nonexclusive right and license to use, without notice or further compensation, worldwide and in perpetuity, such Eligible Participant’s photo, likeness, biographical information, statement and voice in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Contest Website or the Contest or other promotions, and such Eligible Participant hereby release Artsmith from any liability with respect thereto.
The following parties are ineligible to participate in the Contest:
- The employees of Phipps Neighborhoods, a non-profit organization located at 902 Broadway, 13th Floor, New York, NY 10010, that participate in the Beacon Program at Wings Academy
- Lawyers Alliance for New York (“LANY”), a non-profit organization located at 171 Madison Avenue, 6th Floor, New York, NY 10016, and their employees, agents and representatives, and all lawyers that have provided services to Artsmith through LANY
- Citizens Committee for New York City, a non-profit organization located at 77 Water Street, Suite 202, New York, NY 10005, and their employees, agents and representatives