Terms and Conditions

PinchukArtCentre Prize

Founded
By the Viktor Pinchuk Charitable Foundation “Contemporary Art in Ukraine” (hereinafter PinchukArtCentre)

Prize organizer:
PinchukArtCentre

TERMS AND CONDITIONS

1. Acceptance of the Terms

A participant’s access to prize.pinchukartcentre.org (“Website”) and the use of its resources, as well as any Services provided in item 2 is provided based on these Terms and Conditions only. It is prohibited for a participant to use the Website / Services for any purposes that contradict the law or are not permitted by these Terms and Conditions. The use of the Website / Services by the participant means that the participant fully accepts the terms, conditions, and disclaimers contained herein. A participant who does not accept these Terms and Conditions must immediately stop using the Website / Services.

2. Services

The website provides an opportunity to participate in PinchukArtCentre Prize (“Competition”) based on the filed Application; furthermore, the Website provides communication tools available at this time, such as photo galleries, administrative areas, email, groups, forums, and / or other means of messaging and communication (“Services”), which make it possible to participate in the Competition and to communicate with other participants and organizers. Unless expressly indicated otherwise, the Services are provided to the participant for personal use solely for non-profit purposes.

3. Competition

The Competition is held in the form of an all-Ukraine contemporary art competition in order to identify, encourage, and provide long-term support to the next generation of creative individuals in Ukraine.

The Main Prize is awarded by an international jury to one participant or to a participating group, who will receive a payment of UAH 400,000 before tax and mandatory fees under the legislation of Ukraine. When determining the winner of the Competition, the jury may additionally award 2 special prizes to support young talents (“Special Prizes”). Special Prizes are also awarded in the monetary form — 100,000 each before tax and mandatory fees under the legislation of Ukraine.

Public Prize

The winner of the Public Prize is determined by the vote of the visitors attending the exhibition of Competition finalists. The winner is paid UAH 40,000 hryvnias before tax and mandatory fees under the legislation of Ukraine.

In addition, all Prizes, with the exception of the Public Prize, include internships in the workshops of the world's best artists; all expenses related to this are covered by the Organizer and/or involved benefactors.

Terms of the payment and internship will be coordinated with the winners in separate contracts.

4. Jury and Selection Procedure

The jury consists of artists and globally recognized experts in the field of contemporary art. The jury determines the winner based on the works represented at the Competitive Exhibition and awards additional Special Prizes. The jury changes biannually.

The roles of technical experts will be undertaken by specialists chosen by PinchukArtCentre who conduct preparatory work and selection of all applications for the Selection Committee of PinchukArtCentre.

The Selection Committee considers the applications and selects up to 20 participants (finalists) to participate in the Competitive Exhibition of the finalists’ works (“Competitive Exhibition”).

PinchukArtCentre (“Organizer”) reserves the right to amend or change the selection procedure at any point, and by continuing to use the Website / Services after any such changes the participant thereby consents to these changes. The Organizer shall take reasonable steps to ensure that such changes or additions are indicated on the Website.

All decisions of the jury and/or the Selection Committee and/or Technical Experts on any matters arising under these terms and conditions are final. The reasoning for any such decisions is not explained, and the jury and/or the Selection Committee shall not enter into any correspondence regarding the merits of any works submitted or decisions made.

5. Terms of Applying

a) as of the moment of application the participant must be of legal age, have a passport of a Ukrainian citizen, but not be older than 35;

b) the participant must fill out all the items of the Application and upload photos / videos of their 3 (three) to 7 (seven) works;

c) the works submitted for the competition must be the participants’ (group’s) own original work. The participant (group of participants) thus guarantees that they have the full property right to the work(s), that they have the full right to submit the work(s) under these terms, and that from the moment of submission, they shall not undertake any commitments (based on an agreement or in a different form) that would limit their participation in the Competition or in the Competitive Exhibition under the terms laid out herein;

d) during the Application Period, every participant can submit their works only once;

e) a group of artists can apply as one participant; at the same time, any artist from the declared group can independently submit an application as a separate participant;

f) every participant agrees to participate in the Competitive Exhibition with their own work if shortlisted by the Selection Committee;

g) each participant consents to transferring to the Organizer the right to public demonstration of the work(s), the inclusion of the work(s) as part of catalogs, collections, online resources, in information and advertising materials and for any other purpose; the use of the image of the work(s) for publication and information purposes, under a separate agreement;

h) the Organizer may review the information provided by the participant at any time to ensure its compliance with the Terms and Conditions;

i) after the application or any other information is filed by a participant, they can no longer be changed;

j) registration and participation in the Competition are free of charge;

k) the Organizer may request that the participant provide all the relevant evidence of the accuracy of the information provided by them at any point;

l) the application is considered accepted after the participant receives a confirmation by email. If the application does not comply with these Terms, the participant will not receive the email of confirmation;

m) The Organizer and the Selection Committee have the right to unilaterally remove the participant's application if it does not comply with these Terms.

6. Eligibility

All works of art of any category and made in any technique are eligible to participate in the Competition.

7. Submission of Works by the Finalists

(a) These requirements apply only to finalists and are accepted by them at the time of initial application/registration.

(b) The Organizer agrees to bear the costs associated with the finalist's submission of works of art to the Competitive Exhibition as part of the charity program. The work (works) of art has (have) to be completed at the moment of installation and start of demonstration of works at the Competitive Exhibition. All installation / demonstration / dismantling instructions have to be provided to the Organizer by the participant 2 (two) months before the start of the Competitive Exhibition.

(c) Delivery and receipt of all the works of art shall take place at the date and time specified by the Organizer.

(d) The Organizer’s partner shall provide nail-to-nail insurance of the work(s) of art (but only on the territory of Ukraine) based on the value specified by the participant for the entire period of temporary use of the work(s) of art by the Organizer.

(e) The participant agrees to sign all the necessary separate contracts with the Organizer in accordance with the legislation of Ukraine.

(f) The participant agrees to inform the Organizer about all the dimensions and characteristics of the work(s) of art. The participant bears full responsibility for the accuracy of such information.

(g) The Participant shall ensure the availability (presence at the Competitive Exhibition) of the work(s) of art provided by them for the Competitive Exhibition during the entire period of temporary use (preparation for the exhibition, demonstration until return after the exhibition) and holding of the Competitive Exhibition by the Organizer.

(h) The work(s) of art which will be exhibited at the Competitive Exhibition must be chosen taking into account the technical limitations of PinchukArtCentre (for example, the dimensions, the exhibit). This issue shall be discussed with the participant after their work(s) is (are) selected for the Competitive Exhibition.

8. Copyright

8.1. The participant must provide the organizer with rights, including but not limited to the right to demonstration of the provided work(s) of art, public demonstration, inclusion of the work(s) of art into catalogs, collections, as part of the Website, for information (advertising) purposes and with any other purpose, archiving the images of the provided works of art and publication of the works of art on the Website and in any other form of information transfer as selected by the Organizer, as well as to demonstrate the work(s) of art at the Competitive exhibition. For these purposes, the participant and the Organizer shall sign a separate agreement.

8.2. All photo and video materials, biographical data and text documents submitted to the Competition are not returned to the participant but are instead preserved in the archive by the Organizer.

9. Privacy Policy

9.1. We undertake to be responsible for the organization of data storage and processing and support the principles of Ukrainian data protection legislation. We undertake to maintain the privacy of our users and the confidentiality of all personal data we receive from the participants. When a participant registers for the use of any of our Services, the system will request certain personal data. The information provided by the participant will not be available for sale or use by third parties. The information will be used exclusively for the purpose of conducting the Competition and notifying the participant about changes or additions to the Website/Services.

9.2. In the specified cases, the administrative page of the participant on the Website will include the name, age, and country of residence of this participant.

10. Permitted Use

10.1. The participant acknowledges that responsibility for all information, text data, graphic materials, logos, photographs, images, dynamic images, sound materials, illustrations, and other materials (“Materials”) published or transmitted confidentially rests solely with the individual who provided such materials. We do not control or endorse such Materials, and cannot guarantee the accuracy, integrity or quality of such Materials; the participant acknowledges that while using the Website/Services, they may be exposed to Materials of an offensive and/or obscene nature. The Organizer is not responsible for any Materials, nor for any loss or damage arising from the use of any materials transmitted through the Services, and the participant hereby agrees to bear all risks associated with the use of any Materials, including the risks related to the participant's reliance on the accuracy or completeness of such Materials.

10.2. While using the Website/Services, the participant agrees to:

10.2.1. refrain from using the Services for sending unnecessary messages, spam, chain emails, pyramid schemes and any other unsolicited messages of commercial or non-commercial nature;

10.2.2. to retrain from posting or disseminating materials and information of defamatory, pornographic, obscene, threatening, offensive or intrusive nature or illegal materials;

10.2.3. to refrain from posting, disseminating or sending materials or information that incite discrimination, hatred or cruelty against any individual or group of individuals based on their race or religion, in connection with their disability, nationality etc.;

10.2.4. to refrain from threatening other individuals with abuse, deprivation, persecution or other violation of legal rights (including the right to privacy and the right to publicity);

10.2.5. to refrain from using any information or materials in any way that would violate copyright, trademark rights, patent or other IP rights of any person;

10.2.6. to refrain from providing access to files or sending files that contain viruses, corrupt data that can cause a malfunction in the work of computers or damage other individuals’ property;

10.2.7. to refrain from collecting and storing personal data of other individuals, including emails;

10.2.8. to refrain from advertising or offering for sale or purchase any goods or services in any commercial purposes, unless such a means of communication specifically allows the sending of such messages;

10.2.9. to refrain from impersonating any individual or organization with the purpose of misleading;

10.2.10. to refrain from violating any existing laws or regulations;

10.2.11. to refrain from using the Website / Services in any manner that may damage, disable, overload or disrupt the Website / Services or prevent other individuals from using and enjoying the Website / Services;

10.2.12. to refrain from publishing, distributing or disseminating materials or information that the participant cannot convey under the law or under contractual or fiduciary relations (e.g., inside information or confidential information disclosed to the participant during work or under a non-disclosure agreement);

10.2.13. to refrain from attempting to receive unsanctioned access to any Services, other accounts, computer systems or networks connected to the Website / Services by hacking, password mining or in any other way.

10.3. The Organizer has no obligation to monitor the Services yet has the right to review materials accessible via Services and to remove materials at the Organizer’s own discretion if such materials violate these Terms and Conditions or are unacceptable in any other manner.

11. Links to the Third-Party Websites

The Website / Services may contain links to third-party websites controlled and operated by third parties. No such links to other websites constitute an endorsement of such websites, and the participant agrees that the Organizer is not liable for the content or accessibility of any such websites.

12. Indemnification and Release

The participant agrees to indemnify, defend and hold harmless the Organizer against any claims in the event of any violation of these Terms by the participant and under any lawsuits or claims brought against the Organizer by any third parties based on the participant's use of the Services and/or on the basis of any Materials submitted, published or transmitted by the participant through the Services, including but not limited to all claims, suits, proceedings, damages, liabilities, damages, costs (including reasonable legal fees and costs of litigation); incurred by the Organizer in any form due to a participant's violation of these Terms.

13. Disclaimer and Limitation of Liability

13.1. The participant uses the Website / Services at their own risk. The Website / Services are provided “as is” and “as available” without any claims or confirmations and without any guarantees, express or implied, including but not limited to implied guarantees of satisfactory quality, feasibility of use for the intended purpose, non-violation of intellectual property rights, compatibility, security, and accuracy.

13.2. In cases specified by the law, the Organizer shall not be held liable for any direct or indirect damage or losses (including but not limited to the loss of business opportunities, missed opportunities, loss of data, missed profits) or for benefit lost (directly or indirectly) as a result of, or in connection with, the use of the Website / Services.

13.3. The Organizer does not guarantee that the Website / Services will meet the participant’s requirements, that the Materials will be accurate or reliable, that the Website / Services will operate uninterrupted or error-free, that deficiencies will be corrected, or that the Website / Services or the server that provides access to them will not contain viruses or other harmful elements.

13.4. The organizer is in no way responsible for any sales of works of art carried out by the participant or with the participation of third parties.

13.5. The Organizer reserves the right to give up the use of the Services.

13.6. The Organizer reserves the right to turn down or remove images or text published on the Website without any explanation.

13.7. The Organizer reserves the right to update or change these Terms at any time.

14. Severability

If any of these Terms and Conditions is found illegal or unenforceable by a court of any jurisdiction, such a provision shall be removed; with all the other Terms and Conditions remaining valid, mandatory, and enforceable in court.

15. Governing Law

These Terms and Conditions are governed by the law of Ukraine and shall be interpreted as such; the participant hereby agrees to the exclusive jurisdiction of the courts of Ukraine under these Terms.

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