The Freedom to Create Prize (the “Prize”) is sponsored and promoted by by Freedom to Create Limited (“Freedom to Create”), a company registered in the British Virgin Islands.
The conditions set out in the applicable entry form on the Prize website at www.freedomtocreate.com (the “Website”) together with the following terms and conditions (together, the “Terms and Conditions”) govern the Prize.
By submitting an entry form for the Prize you will be deemed to have accepted the Terms and Conditions, and agree to be bound by them.
1.
PRIZE CATEGORIES
a.
The Prize has two categories, the Freedom to Create Main Prize and the Freedom to Create Imprisoned Artist Prize. There will be a total of four Prize winners (each, a “Winner”) among the artists who enter the Prize (each, an “Artist”), as follows:
i.
Winner: Freedom to Create Main Prize;
ii.
First Runner Up: Freedom to Create Main Prize;
iii.
Second Runner Up: Freedom to Create Main Prize; and
iv.
Winner: Freedom to Create Imprisoned Artist Prize.
b.
Each Winner will receive his or her Prize in accordance with, and subject to, the Terms and Conditions.
c.
Prizes are not transferable or redeemable for cash equivalents or other prizes.
2.
WHO CAN ENTER
a.
Any artist or arts group from any country practising in any art form.
b.
The Artist must be over 16 years of age on 24 March 2011 to enter the Main Prize category.
c.
Artists may enter by submitting an entry form themselves, or may be nominated by a third party who completes an entry form on their behalf (the “Nominating Party”). Each Nominating Party must:
i.
be over 16 years of age on 24 March 2011; and
ii.
have the right to use, disseminate and grant usage rights to all images and material submitted as part of the Prize nomination. By submitting an entry form, the Nominating Party represents and warrants that they have obtained the full, informed consent of the Artist to such entry. Freedom to Create will disqualify entries submitted without such authority, and reserves the right to require further information or consents from the Artist at a later stage.
d.
There are no age restrictions on entering the Imprisoned Artist Prize category.
e.
Directors, officers, employees, contractors and the immediate families of Freedom to Create and their associated agencies and companies may not enter the Prize.
3.
CONDITIONS OF ENTRY
a.
Entry requirements and other information such as judging criteria are set out in the entry form for each Prize category
b.
As conditions of Prize entry, each Artist or Nominating Party represents and warrants that:
i.
the Artist created and owns all rights in and to the artwork submitted for the Prize;
ii.
the submitted artwork is original and does not infringe the intellectual property or other rights of any third party; and
iii.
he or she has the right to grant usage and distribution rights to third parties in relation to the submitted artwork.
4.
TO WIN
a.
The panel of Prize judges shall choose each Winner from among valid entries received in accordance with the criteria set out on the Website.
b.
The panel’s choice of each Winner is final. Freedom to Create will not enter into any correspondence with Artists (other than Winners as necessary) regarding any such choice.
c.
Each Winner will be notified of winning their respective Prize category on or before the Freedom to Create Prize award ceremony or 31 December 2011, whichever comes first. Freedom to Create will attempt to contact each Winner by telephone or email to the extent possible and appropriate, but will accept no responsibility for failure to notify Winners. Artists should, if possible, check the Website to confirm whether they are a Prize Winner.
d.
It is a condition of receiving a Prize that each Winner agrees to comply with all of Freedom to Create’s conditions for use of the Prize monies, including:
i.
Agreeing to provide Freedom to Create with any such proof of identity as it may reasonably request in order to satisfy itself as to the ultimate recipient of the Prize money. Where Freedom to Create, in its absolute discretion, is unable to satisfy itself as to the identity or legality of awarding Prize money to the Winner, the Prize money shall be awarded to an appropriate charity organization of the Winner’s choosing; and
ii.
Agreeing to inform Freedom to Create, upon reasonable enquiry, as to how the monies were spent.
e.
Entries consisting of or otherwise containing artwork previously submitted to the Freedom to Create Prize are not valid as entries for the Prize. Previous entrants of the Freedom to Create Prize are welcome to take part but the entries submitted for consideration must be a different artwork.
5.
MEDIA AND PERSONAL DETAILS
a.
The Artist or the Nominating Party, as appropriate, hereby acknowledges that Freedom to Create may use the submitted artworks and any information regarding the Artist contained in the entry form in promotional or commemorative brochures or books promoting the Prize or Freedom to Create. In any such use, Freedom to Create will, in good faith, acknowledge the Artist as the author of his or her artworks.
b.
The Artist agrees to participate and co-operate, to the extent possible, as required in all editorial activities relating to the Prize, including being interviewed and photographed by Freedom to Create and the media, and to the posting of his or her profile and artwork on the Website.
c.
The Artist or the Nominating Party, as appropriate, hereby irrevocably grants Freedom to Create and its subsidiaries and affiliated companies a global, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, and publicly display the submitted artworks or any information contained in the entry form in any media for the purpose of promoting Freedom to Create and the Prize without additional review, compensation, or approval from the Artist or any other party, with the right to sub-licence on the same terms. For the avoidance of doubt, nothing in the Terms and Conditions is intended to operate as an assignment of any rights in the artwork submitted and all such rights shall remain with the Artist.
d.
The Artist consents to Freedom to Create using the personal details submitted for promoting the Prize.
e.
All personal details of the Artist will be treated in accordance with Freedom to Create’s privacy policy located at: http://www.freedomtocreate.com/Privacy-Policy.asp
6.
LIMITATION OF LIABILITY
a.
SUBJECT TO ANY RESTRICTIONS IN AND TO THE EXTENT PERMITTED BY ANY APPLICABLE LOCAL LAWS, BY ENTERING THE PRIZE, THE ARTIST RELEASES AND HOLDS HARMLESS, FREEDOM TO CREATE AND ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY LIABILITY FOR ANY INJURIES, LOSS OR DAMAGE OF ANY KIND TO PERSONS, INCLUDING DEATH, OR PROPERTY DAMAGE RESULTING IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE, PARTICIPATION IN THIS PROMOTION, OR WHILE TRAVELLING TO, PREPARING FOR, OR PARTICIPATING IN ANY PRIZE-RELATED ACTIVITY.
b.
SUBJECT TO ANY RESTRICTIONS IN, AND TO THE EXTENT PERMITTED BY, ANY APPLICABLE LOCAL LAWS, FREEDOM TO CREATE OR ANY OF ITS RESPECTIVE AFFILIATES, ASSOCIATED COMPANIES, DIRECTORS, EMPLOYEES OR AGENTS, SHALL NOT HAVE ANY LIABILITY TO ANY ARTIST FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, OR FOR ANY LOSS OF PROFITS, HOWEVER ARISING IN RELATION TO THE PRIZE.
c.
THE ARTIST OR NOMINATING PARTY, AS APPROPRIATE, HEREBY INDEMNIFIES AND HOLDS FREEDOM TO CREATE AND ITS AFFILIATED COMPANIES HARMLESS FROM ALL CLAIMS AND DIRECT, INDIRECT OR CONSEQUENTIAL LIABILITIES, COSTS, PROCEEDINGS, DAMAGES AND EXPENSES AWARDED AGAINST, OR INCURRED OR PAID BY FREEDOM TO CREATE AS A RESULT OF OR IN CONNECTION WITH ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS ARISING OUT OF THE RIGHTS OR LICENCES GRANTED UNDER THESE TERMS AND CONDITIONS.
d.
IN ADDITION TO ANY OTHER RIGHTS, FREEDOM TO CREATE RESERVES THE RIGHT AT ITS SOLE DISCRETION TO DISQUALIFY ANY INDIVIDUAL WHO TAMPERS WITH THE ENTRY PROCESS INCLUDING, WITHOUT LIMITATION, THROUGH FALSIFYING ENTRY FORM INFORMATION OR SUBMITTING ARTWORK WHICH WAS NOT CREATED BY THE ARTIST, OR THE OPERATION OF THE PRIZE AND/OR IS DETERMINED AT FREEDOM TO CREATE’S ABSOLUTE DISCRETION TO BE ACTING IN VIOLATION OF THE TERMS AND CONDITIONS.
e.
FREEDOM TO CREATE RESERVES THE RIGHT AT ITS SOLE DISCRETION TO CANCEL, TERMINATE, MODIFY OR SUSPEND THE PRIZE AND, IF APPLICABLE, SELECT WINNERS FROM AMONG ALL ELIGIBLE ENTRIES RECEIVED PRIOR TO ANY SUSPENSION.
7.
GOVERNING LAW AND JURISDICTION
a.
Freedom to Create has organised the Prize, and controls and maintains the Website from, Singapore and makes no representation that the material and information contained in the Website is appropriate or available for use in any other locations or jurisdictions.
b.
All rights and obligations and all actions contemplated by the Terms and Conditions shall be governed by the laws of the Republic of Singapore, including the provisions of the Singapore Evidence Act (Chapter 97) and the Singapore Electronic Transactions Act (Chapter 88).
8.
GENERAL CONDITIONS
a.
Freedom to Create reserves the right to change the Terms and Conditions, the Prize’s judging criteria, to withdraw any or all Prize categories or to cancel all or part of the Prize in its absolute discretion without notice.
b.
The Artist or Nominating Party, as appropriate, acknowledges and agrees that the Terms and Conditions constitute the complete and sole agreement between The Artist and Freedom to Create concerning their participation in the Prize, and supersede all prior proposals, agreements, or other communications between the Artist or Nominating Party, as appropriate, and Freedom to Create which relate to the Prize.
c.
No term of the Terms and Conditions shall be enforceable under the Contract (Rights of Third Parties) Act of Singapore (“the Act”) by a third party (being any person other than the parties and their permitted successors and assignees), but this does not affect any right or remedy of a third party which exists or is available apart from under the Act.
d.
All decisions of Freedom to Create are final and may not be disputed and no correspondence regarding any decision will be entertained. Freedom to Create reserves the right, in its absolute discretion, to disqualify any Artist or Nominating Party, where it deems appropriate, without notification or explanation.
9.
AGREEMENT. By submitting a Prize entry, the Artist, or Nominating Party, as appropriate, agrees to all Terms and Conditions without reservation.