“Emerging Artist Awards” Contest
ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia, who are 21 years of age or older at the time they submit their entries. More specific eligibility requirements for the “Emerging Artist Awards” Contest (the “Awards”) are set forth in the Awards submission materials available at galeriemagazine.com/emergingartist (the “Submission Materials”). Employees (and their immediate family members and/or those living in the same household of each) of Galerie magazine / Galerie Media Group, LLC (“Sponsor”) and its affiliates are not eligible to enter or win.
By participating in the Awards, entrants agree to be bound by these official rules (the “Official Rules”), and that the decisions of Sponsor regarding the Awards, and the application of the Official Rules, are final and binding in all respects.
TO ENTER: Entry instructions (including, without limitation, submission specifications, categories of submissions, geographic scope of submissions, the submissions entry period and the submissions entry methodology) are set forth in the Submission Materials. Submissions that are not received within the Awards submission entry period are void. All Awards submissions will be received electronically as set forth in the Submission Materials; no physical submissions will be accepted. For purposes of these Official Rules, receipt of an electronic Awards submission occurs when Sponsor’s servers record receipt thereof. In the event of a dispute as to the identity of the entrant, the entrant will be deemed to be the individual who is the registered holder of the submitting e-mail account. Sponsor will not verify receipt of Awards submissions. Incomplete or other technically deficient Awards submissions will be void, and any entry fees associated with such submission(s) will NOT be returned to the entrant(s) and shall be retained by Sponsor. Sponsor is not responsible for incorrect or inaccurate entry of information by entrants; lost Awards submissions or transmissions; interrupted or unavailable network, server, or other connections; scrambled transmissions or other errors or problems of any kind whether mechanical, human, or electronic, technical malfunctions of the computer hardware, software, or any combination thereof; or problems associated with any virus or any other damage caused to entrants’ systems.
ENTRY FEES: N/A
SUBMISSIONS; ENTRANT’S REPRESENTATIONS AND WARRANTIES AND COVENANTS: All Awards submissions become the property of Sponsor upon submission and will not be returned. Notwithstanding the foregoing, any copyright in the materials that are part of an Awards submission remain the property of its creator(s). By participating in the Awards, including transmission of any submission, each entrant hereby grants an irrevocable, perpetual, worldwide non-exclusive license to Sponsor (and any of its corporate affiliates, and its advertising and promotion agencies (collectively, its “Affiliates”) to reproduce, distribute, display, perform, create derivative works, and otherwise use, including without limitation, by printing, publishing or broadcasting (collectively, “Use”) the Awards submissions and any photos, renderings, written content and other materials included in the Award submissions (“Submission Content”), and permits and consents to the extent allowable under applicable law Sponsor (and any of its Affiliates) use of each Awards winner’s name, portrait, picture, voice, likeness and biographical information, in connection with the Awards and promotion of the Awards, in any media now or hereafter known, for no additional compensation. Entrant, for itself and any other creator(s), waives all moral rights in the Submission Content and further consents to Sponsor (or its Affiliates) altering or editing the content and publishing the content with or without name credit at Sponsor’s sole discretion. Each entrant, upon Sponsor’s request, must provide (within seven (7) calendar days of receipt of Sponsor’s request) a signed, written confirmatory license from the owner of any third party property included in the Awards submission as Submission Content, authorizing Sponsor (and any of its Affiliates) to reproduce, distribute, display, and create derivative works relating to the Submission Content in connection with the Awards and promotion of the Awards, in any media now or hereafter known. By participating in the Awards, each entrant represents and warrants: (a) the entrant has full rights (either ownership or licensed use with sublicense authority) to all Submission Content; (b) Sponsor’s (or any of its Affiliates’) subsequent Use of Submission Content as described herein will comply with all applicable legal requirements, and does not violate any third party’s intellectual property rights or any contractual obligations of entrant or creator(s); (c) any third parties entitled to payments or similar rights with respect to Submission Content have been fully compensated by entrant for entrant’s use and Sponsor’s (or any of its Affiliates’) Use as described herein; and (d) if an Awards submission includes any image that contains a person, the entrant has obtained an appropriate release from such person of any claims for libel or any right of publicity or privacy in connection with the Use of the image by Sponsor (or any of its Affiliates).
JUDGING CRITERIA: As described in the Submission Materials, Sponsor’s editorial staff and selected jury will review the Award submissions and select the winners in their discretion.
Prize Warranties: Each Awards winner acknowledges that Sponsor, its Affiliates and any Campaign Sponsor, and their respective agents do not make, nor are in any manner are responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of any Award.
AWARDS: The nature and type of recognition (including prizes, if any) with respect to winning any category of competition within the Awards are set forth in the Submission Materials.
AWARD RESTRICTIONS; TAXES: Any and all applicable federal, state, and local taxes are the sole responsibility of an Award winner. Prize(s), if any, cannot be substituted, assigned or transferred.
GENERAL CONDITIONS: THE AWARDS ARE VOID WHERE PROHIBITED. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right at its sole discretion to disqualify any individual or entity it finds to be attempting to tamper with or undermine the submission process, and/or the legitimate operation of the Awards; to violate these Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person with respect to the Awards.
RELEASE; LIMITATIONS OF LIABILITY; AND INDEMNIFICATION: BY PARTICIPATING IN THE AWARDS EACH ENTRANT AGREES THAT SPONSOR, AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS AND LEGAL COUNSEL, AND ANY CAMPAIGN SPONSOR, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED ENTITIES”), WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY INJURIES, DAMAGES, OR LOSSES (DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE), AND SHALL BE HELD HARMLESS AND INDEMNIFIED BY ENTRANT AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM SUBMISSION OR PARTICIPATION IN THE AWARDS OR IN ANY AWARDS-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY OR INFRINGEMENT OF COPYRIGHTS RELATING TO THE AWARDS OR AN ENTRANT’S AWARD SUBMISSIONS OR ANY BREACH OF ENTRANT’S REPRESENTATIONS OR WARRANTIES MADE HEREIN. IN ADDITION, THE RELEASED ENTITIES ARE NOT RESPONSIBLE IF ANY AWARDS CANNOT BE MADE DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, BANKRUPTCY OR TERRORISM.
DISPUTES: Except where prohibited, each entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the Awards, including, with limitation, the selection of winners shall be resolved individually, without resort to any form of class action, and exclusively by the state courts or federal courts sitting in New York, New York; (b) any and all claims, judgment, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Awards, but in no event attorneys’ fees; (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Awards, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of laws rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
SPONSOR: Galerie Media Group, LLC, 101 Park Avenue, 4th Floor, New York, NY 10178 is Sponsor of the Awards.