competition terms and conditions
1. General Terms
1.1. These terms and conditions apply to all persons entering the competition known as the ARTFIVE0 2018 competition (the “Competition”) (each such person being an “Applicant”).
1.2. In order for an Applicant’s submission (a “Submission”) to be valid, each Applicant is required to acknowledge and sign these terms and conditions, which will apply to all matters relating to the Competition (including, in the case of the Competition winner, the installation of the winning Submission) unless superseded or replaced by ARTFIVE0 at its sole discretion.
1.3. Each Applicant may be required to provide a certificate of authenticity to Al Salwa Investment LLC or its affiliates.
1.4. The Submission should be capable of being transposed onto the outdoor wall without undue expense and within the programme and budget parameters.
1.5. The Competition Guidelines (available on the ARTFIVE0 website) (the “Competition Guidelines”) will supplement these terms and conditions and all provisions of the Competition Guidelines are deemed to form part of these terms and conditions.
1.6. Each Applicant acknowledges and agrees that (with the exception of the winning Applicant as determined by ARTFIVE0 and / or Al Salwa Investment LLC or its affiliates) they will not be entitled to any fee, compensation, commission or other such payment in return for making a Submission.
1.7. Any dates set out in the Competition Guidelines are subject to change at the sole discretion of Al Salwa Investment LLC.
1.8. All Applicants must be living, working and/or studying in a country which is a member of the Gulf Co-Operation Council.
1.9. All Applications must ensure they are able to travel to the UAE prior to entering the competition.
1.10. Applicants must be age 16 or over.
1.11. All Applicants must be capable and available to participate in the realisation of their design submissions within the designated project timeframe.
2. Ownership & Copyright
2.1. Submissions must be unique, creative and original works of art and not be copies or reproductions and should not be part of an ongoing project or series (a series is a work deriving from the same idea, executed in the same conceptual framework and with the same methodology). All Applicants must hold full title to their Submission and it must not infringe any third party rights.
2.2. The intellectual property rights (rights to copyright and related rights, trade marks and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world) of each Submission will remain with the Applicant.
2.3. The winning and shortlisted Applicants will each grant an irrevocable, royalty-free, exclusive, perpetual licence to their Submission, including title, copyright and all other interests whatsoever in their Submission to Al Salwa Investment LLC and acknowledges that Al Salwa Investment LLC will have the right to commercially exploit, as it sees fit, all intellectual property rights in the winning and shortlisted Submissions, including publicising, displaying, exhibiting, reproducing and marketing such Submissions.
2.4. The Submission or any copies retained by an artist cannot be resold or loaned or exhibited without prior express approval from Al Salwa Investment LLC, to be given or withheld at Al Salwa Investment LLC’s sole discretion.
2.5. Al Salwa Investment LLC shall be granted full reproduction rights over the Submission to create a catalogue and publicise the works in any form of communication.
2.6. Al Salwa Investment LLC accepts the applications in confidence, and acknowledges that the information in the Submission will not be disclosed to anyone apart from the listed Selection Committee.
2.7. Each Applicant warrants that their Submission does not infringe any third party intellectual property rights whatsoever and will not subject Al Salwa Investment LLC to be in breach or infringement of any such third party intellectual property rights.
2.8. Each Applicant undertakes to defend, indemnify and hold harmless Al Salwa Investment LLC, its personnel, representatives and affiliates, from and against any claim or action that the use or possession of the Submission or any part of them infringes the intellectual property rights of a third party and shall indemnify Al Salwa Investment LLC, its personnel, representatives and affiliates from and against any and all losses, damages, fines, penalties, costs (including reasonable legal fees) and expenses incurred by or awarded against Al Salwa Invesment LLC, its personnel, representatives or affiliates as a result of or in connection with any such claim.
3. Personal Data
3.1. Each Applicant confirms and consents to all and any personal data (including any sensitive personal data) being processed, transferred and shared by Al Salwa Investment LLC and its affiliates for the purposes of administering, promoting and publicising the Competition and any winning Submission. Personal data will not be transferred to a third party without the consent of the artist.
4.1. Any Applicant who breaches any provision of these terms and conditions, the Submission Guide or applicable law may be disqualified from the Competition and, in the event such Applicant is a winning Applicant, no prize monies or other compensation whatsoever shall be payable.