2016 BLACK SWAN PRIZE YOUTH COMPETITION TERMS & CONDITIONS

1 General 

These terms and conditions, along with the online 2016 Black Swan Prize Youth Competition Entry Form (“Entry Form”), form the agreement between the artist (the creator of the portrait) (“Artist”) and ARTrinsic Inc. (“ARTrinsic”) which governs the entry of a portrait in the 2016 Black Swan Prize Youth Competition (“Prize”).

By submitting to ARTrinsic a completed Entry Form and, in the case of an Artist under the age of 18 years, a parent or guardian’s consent form providing permission for the Artist to enter the Prize (“Consent Form”), the Artist agrees to these terms and conditions.

ARTrinsic may amend these terms and conditions and the Entry Form at any time subject to giving notice of the amendment to the Artist or their parent or guardian. Notice of the amendment may be written, verbal or constructive notice. The Artist’s continued involvement in the Prize will be taken as their acceptance of any changes to these terms and conditions and the Entry Form.

ARTrinsic has absolute discretion in deciding whether or not an Artist or a portrait has satisfied the terms and conditions for entry into the Prize. 

2  Eligible Artists

The Artist of the portrait must be an Australian school or home-schooled student in years 7 to 12 of school as of January 1, 2016 (“Eligible Artists”).

In the case of home-schooled students, year levels relate to the relative age of the student, such that a home-schooled student will be deemed to be in the year level that they would otherwise be in if they were attending regular schooling, according to age.

Employees of ARTrinsic, competition sponsors and employees or immediate families of the Prize judges and their respective agents are not Eligible Artists, and accordingly, cannot enter the Prize.

All Artists under the age of 18 years must obtain their parent or guardian's permission to enter the Prize.  This will be evidenced by a parent or guardian of the Artist signing the Consent Form. 

3  Entering the Prize

To enter a portrait in the Prize, the Artist must:

(a) submit a completed Entry Form;

(b) pay the $15.00 (including GST) per portrait Prize entry fee (“Entry Fee”); and

(c) if the Artist is under the age of 18 years, submit a completed Consent Form,

to ARTrinsic by 5:00pm (WST) on 22 July 2016 (“Closing Date”).

No incomplete entries will be processed and accordingly, portraits associated with incomplete entries will not be eligible for the Prize.

All postal entries received must be postmarked on or before the Closing Date. All entries received or postmarked after the Closing Date will not be eligible for the Prize. 

4  Entry Fee

The Entry Form must be accompanied by the Entry Fee. All cheques/money orders must be made payable to “ARTrinsic Inc.” and be posted to The Treasurer, ARTrinsic Inc., PO Box 708, Subiaco WA 6904. The Entry Fee is non-refundable. 

5  Warranties

The Artist and their parent or guardian agrees and warrants that:

(a) all information provided by the Artist or their parent or guardian to ARTrinsic is true and correct;

(b) the Artist has been an Australian citizen or Australian permanent resident for the 12 months immediately preceding the Closing Date;

(c) the Artist is a school student or is home schooled in Australia;

(d) the portrait is a portraiture artwork undertaken and completed by the Artist within the 18 months immediately preceding the Closing Date; and

(e) the image or images of the portrait attached to the Entry Form in accordance with clause 13 are true and accurate representations of the Artist's completed portrait. 

6  Prizes for Students

By entering the Prize, an Artist is eligible to be considered for award of the following prizes ("Student Prizes”):

(a)  If the Artist is in Years 11 or 12 of school:

(i)  1st Prize - $500 gift voucher from H.U. Kendall & Co;

(ii)   2nd Prize - $100 worth of Art Supplies by H.U. Kendall & Co;  or

(iii)   3rd Prize - $50 worth of Art Supplies by H.U. Kendall & Co.

(b) If the Artist is in Years 9 or 10 of school:

(i)  1st Prize - $500 gift voucher from H.U. Kendall & Co;

(ii)  2nd Prize - $100 worth of Art Supplies by H.U. Kendall & Co; or

(iii) 3rd Prize - $50 worth of Art Supplies by H.U. Kendall & Co.

(c) If the Artist is in Years 7 or 8 of school:

(i) 1st Prize - $500 gift voucher from H.U. Kendall & Co;

(ii)  2nd Prize - $100 worth of Art Supplies by by H.U. Kendall & Co; or

(iii)  3rd Prize - $50 worth of Art Supplies by H.U. Kendall & Co. 

7  Prizes for Schools

The prizes available for award to schools entering the Prize are (“Squire Patton Boggs School Prizes”):

(a) Years 10 to12

One day professional Art Workshop hosted by a Black Swan Prize for Portraiture finalist, valued at $1,000.  Details to be worked out in conjunction with ARTrinsic and the winning school. Prize is valid for one year only.

(b)  Years 7 to 9

Half day professional Art Workshop hosted by a Black Swan Prize for Portraiture finalist, valued at $500.  Details to be worked out in conjunction with ARTrinsic and the winning school. Prize is valid for one year only. 

8   Subject

The portrait must be a portraiture artwork of the following:

(a)  a well known Australian person or people;

(b)  an Australian person or persons that the Artist admires or is inspired by; or

(c)  a self portrait,

(the “Subject”).

The Subject is “Australian” for the purposes of this clause 8 if the Subject is an Australian citizen or Australian permanent resident.

If the Subject is an Australian person or persons that has inspired or is admired by the Artist, then the Artist must, in the Entry Form, justify why the Subject has inspired the Artist or is someone the Artist admires (“Justification”).

ARTrinsic (or their representatives, which may be the Prize judges) have sole discretion to determine whether the Justification is sufficient to allow the portrait to be eligible for the Prize. ARTrinsic or their representative may make this decision with or without (at ARTrinsic’s sole discretion) further information from the Artist.

Should ARTrinsic determine the Justification is insufficient, the portrait will not be eligible for the Prize and will be excluded from the judging of the Prize.

While the human form must be the focus of the portrait, Artists are invited to interpret the concept of portraiture broadly. 

9  Medium

Portraits may be executed in (but not restricted to) oil, acrylic, watercolour, pastels, textiles, pencils, charcoal, ink and mixed media (no sculptures, digital media or photography accepted). The Artist must provide details of the media used in the portrait on the Entry Form. If there is any uncertainty as to the media used, contact ARTrinsic. 

10  Size Requirements

The size of the portrait must not exceed A0 in size (excluding the frame) with a maximum weight of 30kg. Diptych's and Triptych’s must not exceed A0 in size. A0 is 841mm x 1,189mm. 

11  Number of Entries

Artists may enter a maximum of 2 portraits in the Prize. Artists agree that if they enter more than one portrait, only one portrait can be selected for exhibition in accordance with clause 15. 

12  Portrait Completion Date

Portraits must have been undertaken and completed by the Artist in the 18 months immediately preceding the Closing Date. 

13 Portrait Images

The Artist must upload 1 to 2 high resolution (we suggest 300pixels per inch – 15cm on its longest side. Max 5MB) images of their portrait with the online Entry Form (“Portrait Images”). The Portrait Images may be in digital format (e.g. jpeg or gif).  The Portrait Images must be a true and accurate representation of the completed portrait entered in the Prize by the Artist.

The Artist agrees to ARTrinsic using the Portrait Images for the purposes of:

(a) any display or exhibit of the portrait;

(b) promoting, marketing, advertising or otherwise publicising any aspect of the Prize, or any display or art exhibitions containing portraits entered into the Prize;

(c) production of electronic and print media, such as but not limited to, exhibition catalogues featuring images of portraits entered in the Prize, the Portrait Images and or the portrait description provided in accordance with clause 14; and

(d)  education. 

14  Portrait Description

The Artist must provide a brief description of their experience of painting their Subject with the Entry Form (“Portrait Description”).

The Artist agrees to ARTrinsic using the Portrait Description for the purposes of:

(a) any display or exhibit of the portrait;

(b)  promoting, marketing, advertising or otherwise publicising any aspect of the Prize, or any display or art exhibitions containing portraits entered into the Prize;

(c)  production of electronic and print media, such as but not limited to, exhibition catalogues featuring images of portraits entered in the Prize, the Portrait Images and or the Portrait Description; and

(d)  education.

The Portrait Description must be accurate with no spelling or grammatical errors. The Artist agrees that ARTrinsic has the right to amend the Portrait Description or its placement in any display or exhibition of the portrait. 

15  Pre-Selection Process

A pre-selection panel (“Pre-selection Panel”) will review the Portrait Images submitted by the Artists with the Entry Form and select approximately 30-40 portraits for exhibition. The Artists of the portraits that are selected by the Pre-selection Panel for exhibition are finalists for the Prize (“Finalists”). ARTrinsic reserves the right to revoke an offer to an Artist to be a Finalist if the portrait differs in any material way from the Portrait Images.

The Pre-selection Panel shall consist of 3 members who shall be selected at ARTrinsic’s sole discretion. ARTrinsic undertakes to ensure that members of the Pre-selection Panel are not associated with the gallery or venue where Finalists’ portraits will be exhibited. Members of the Pre-selection Panel may also be selected as a judge of the Finalist’s portraits. The Pre selection Panel’s decisions are final and no correspondence will be entered into. 

16  Finalists subject to “Section Two – Finalists Only”

The Artist acknowledges and agrees that the terms and conditions set out in clause 19(2), clause 21, and “Section Two - Finalists Only” apply if the Artist is selected as a Finalist pursuant to clause 15. 

17  Notification of Finalists

The Finalists will be announced on the Prize website, www.blackswanprize.com.au ("Prize Website”) on Friday 5 August 2016. All Artists will be contacted via email with the notification of the Finalists. It is the Artist’s responsibility to ensure they notify ARTrinsic of any changes to their contact details. 

18 Ownership and Risk

The Artist shall be the owner of the physical portrait unless it is sold. Whilst all reasonable care will be taken, neither ARTrinsic or Fire Dragon Creations Pty Ltd, or either of their respective staff and voluntary helpers will be held responsible for any loss or damage whatsoever or however caused, to any portrait while in their custody. 

19  Intellectual Property

(1) Subject to the clause 19(2), the Artist retains intellectual property in any portrait entered in the Prize and nothing in these terms and conditions shall transfer, alter or assign their intellectual property.

(2)  If an Artist becomes a Finalist, in consideration for the public display or exhibition of their portrait by ARTrinsic, the Artist hereby:

(a)  grants to ARTrinsic and each of its touring partners and sponsors, a perpetual, non-exclusive, royalty-free, worldwide licence (including the right to sub-licence) to photograph, publish, copy, reproduce, communicate to the public (including via the internet and social media platforms) and otherwise exercise the intellectual property rights in the portrait selected for exhibition, the associated Portrait Images and the Portrait Description for the purposes of:

(i)  displaying or exhibiting in any way, including in a print or digital form, the portrait, images of the portrait, the Portrait Images and or the Portrait Description;

(ii)  determining the winners of the Student Prizes and Squire Patton Boggs School Prizes;

(iii)  promoting, marketing, advertising or otherwise publicising any aspect of the Prize or any displays or art exhibitions containing portraits entered into the Prize;

(iv) publications on the Prize Website or social media;

(v) production of electronic and print media, such as but not limited to, exhibition catalogues featuring the portrait, images of portraits entered in the Prize, the Portrait Images and or the Portrait Description;

(vi) education; and

(vii) any other uses as may be required by ARTrinsic to comply with its obligations under these terms and conditions.

(b)  grants to Terraze Amanda Ashfold (trading as Arts Edge Photo & Frame) for the period 22 August 2016 to 17th September 2016 only, a non-exclusive, royalty-free licence (including the right to sub-licence) to photograph, copy and reproduce the portrait selected for exhibition for the sole purpose of:

(i)   providing ARTrinsic a print and digital form of the portrait for display or exhibition in any way;

(c) acknowledges and agrees that in the event their portrait is displayed in any display or art exhibitions containing portraits entered into the Prize:

(i)  the portrait may be photographed by visitors to the display or exhibition;

(ii) the portrait may be photographed by media and used in media and public communications; and

(iii) third party websites may promote the display or exhibition of portraits entered into the Prize; and

(d)  agrees to indemnify and hold harmless ARTrinsic and their agents and employees against any claim by a third party that the third party’s intellectual property rights have been infringed by the Finalist or the portrait. 

20  Moral Rights

While ARTrinsic endeavours not to breach the Artist's moral rights (as provided in the Copyright Act 1968 (Cth)), the Artist hereby acknowledges that in some instances it may not be possible for ARTrinsic to include the name of the Artist in connection with their portrait on social media platforms.

The Artist hereby consents to ARTrinsic not including the Artist's name on the Artist's portrait where the portrait is displayed, in any format, on social media platforms.  

21 Governing Law

The law applicable to these terms and conditions is that of the State of Western Australia and the parties agree to submit to the non-exclusive jurisdiction of the Courts of that State. 


SECTION TWO – FINALISTS ONLY

These terms and conditions apply to Finalists. 

Delivery

The Finalist:

  • is responsible for delivering their unframed portrait to Arts Edge Photo & Frame (Shop 75, Joondalup Gate, 93 Joondalup Drive, Edgewater WA 6027) (“Artsedge”)  in the period Monday 22nd August 2016 to Wednesday 24th August 2016 between the hours of 9:00am -5:00pm only; and
  • must ensure the portrait is covered in bubble wrap or in a suitable case for protection during transport.

Portraits received after the advised date will not be accepted under any circumstances and no exceptions will be made.

ARTrinsic reserves the right to notify the Finalist in writing (which may be electronically) of an alternative delivery venue or time (or both), in which case the Finalist must comply with any such notification.

By delivering the portrait to Artsedge as outlined above, or by providing the portrait to ARTrinsic by any other means agreed between the Finalist and ARTrinsic, the Finalist agrees to their portrait being held by ARTrinsic and displayed as part of Prize for the duration of any display or exhibition of Prize portraits

Exhibition requirements

The Finalist must:

  • clearly label their unframed portrait with the Finalist’s name and the title of the portrait;
  • ensure the portrait is in a reasonable condition for exhibiting,

(“Exhibition Requirements”).

The Finalist agrees to their portrait being:

(a)   photographed for digital or printed display purposes; and

(b)  framed,

 by Artsedge for consistency and professionalism. 

Artsedge will provide a discounted framing rate for the portraits and will ensure the portrait is fitted with 25mm D-ring hooks on the back, a quarter of the way down from the top of the portrait, for ease of hanging. Parents or guardians or the school teacher of the Artist will be given the opportunity, upon delivery of the portrait to Artsedge, to choose and purchase from Artsedge an appropriate discounted frame for the portrait.

If the Finalist fails to comply with any of these requirements ARTrinsic may take all reasonable steps to ensure the portrait complies with the Exhibition Requirements.

Portraits Hanging

Portraits may not be displayed to the Finalist’s satisfaction owing to the limited space available at any display or exhibition venue. Portraits are hung at the sole discretion of ARTrinsic and its agents, and no discussion will be entered into with the Finalist.

Exhibition of Portrait

The Finalist grants ARTrinsic permission to display or exhibit their portrait, or a print or digital reproduction of their portrait:

  • in an exhibition of selected Finalists for the Prize at the Brookfield Tower or such other venue as ARTrinsic’s Board (“Board”) may, in its absolute discretion, determine (“Main Exhibition”);
  • in a printed exhibition at the Perth Cultural Centre of all or some of the Finalists for the Prize for a period of up to one month (“Subsequent Exhibitions”);
  • in an exhibition of portraits, some of which were not selected as Finalists for the Prize (the “Salon des Refusés exhibition”) at a venue and for a time period designated by the Board in its absolute discretion. It is the current policy of ARTrinsic to seek the permission of each Artist before a portrait is included in the Salon des Refusés exhibition; and
  • in an electronic exhibition of selected Finalists for the Prize at the Perth Cultural Centre and the City of Perth Library big digital screens.

It is the Finalist’s responsibility to ensure that the original portrait is available for the Main Exhibition and the Subsequent Exhibitions, whether or not they are the owner of the portrait.

Final Judging & Announcement of Winner

The Main Exhibition venue is located in the Perth CBD, Western Australia.

Judging of the Finalists’ portraits to award the Student Prizes and Squire Patton Boggs School Prizes will be undertaken whilst the portraits are exhibited at the Main Exhibition venue (“Final Judging”), by three Judges selected by ARTrinsic (“Judges”). The award of the Student Prizes and Squire Patton Boggs School Prizes is at the sole discretion of the Judges.

ARTrinsic may, at its sole discretion, reject a Finalist's portrait from:

(a)  Final Judging; or

(b)  any display or exhibition,

for any reason, including but not limited to failing to comply with the Exhibition Requirements, if the portrait differs from or was misrepresented by the Portrait Images, if the portrait does not meet (at the Judges’ discretion) the terms and conditions of the Prize (including but not limited to the size, Subject, medium or otherwise)

ARTrinsic reserves the right to revoke the award of the Student Prizes and Squire Patton Boggs School Prizes (and any associated privileges), and may grant the Student Prizes and Squire Patton Boggs School Prizes to another Finalist or School, if the Finalist:

(a)   declares false information in the Entry Form or the Statutory Declaration; or

(b)    fails to comply with their obligations under these terms and conditions. 

ARTrinsic or the Judges may, at their discretion, not award any Student Prizes or Squire Patton Boggs School Prizes. The decisions of ARTrinsic and the Judges are final and no challenges will be permitted.

Sales of portraits

The Finalist may notify ARTrinsic in the "Portrait Details" section of the Entry Form whether they wish to have the portrait offered for sale during the exhibition.

No commission will be charged on the sale of Finalists’ portraits.

Portraits which are not sold during the Main Exhibition shall be returned to the custody of the Finalist in accordance with the "Collection of Portrait after Exhibition" clause.

Finalists are responsible for arranging the delivery of portraits which are sold.

The Finalist warrants that the entrance of their portrait into the Prize, including any subsequent sale of their portrait, does not breach any contract which the Finalist has entered into with a third party (including, but not limited to, any arrangement with a gallery or venue through whom the Finalist is represented). The Finalist hereby indemnifies ARTrinsic for any loss or damage incurred by ARTrinsic as a result of a claim by a third party that the Finalist has breached a third party contract.

Collection of Portrait after Exhibition

The Finalist:

 

  • must collect their portrait from the Main Exhibition venue (Brookfield Tower, 125 St Georges Terrace, Perth) on Saturday 22nd October between the hours of 10:00am and 2:00pm;

  • is responsible for all transport, freight and collection costs; and

  • if having their portrait collected by a courier, must ensure all paperwork for the relevant couriers is provided to ARTrinsic before the date for collection. No portraits will be returned without completed courier documentation including the return address for delivery of the portrait and the consent of the Finalist (and, where applicable, the recipient). 

 

Insurance

The insurance for the portrait is the responsibility of the Finalist. By entering the portrait in the Prize the Finalist agrees to procure appropriate insurance to cover the portrait's transportation to and from and during the Main Exhibition, Subsequent Exhibitions and any other displays or exhibitions.

Finalists agree and acknowledge that their portrait will be exhibited in a public venue and is therefore subject to risk due to unforeseen actions of the public. The Finalist hereby indemnifies and holds harmless ARTrinsic, Fire Dragon Creations, and each of their officials, volunteers, employees, agents, and servants responsible for any claims of whatever kind or nature to any person or to any property arising out of or in conjunction with the exhibition of the portrait. ARTrinsic will exercise due care in handling and prote