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Terms of Use

Copyright and Privacy Note

The National Gallery of Canada (“NGC”) is dedicated to developing, maintaining and making accessible to the public its collection of works of art and to furthering knowledge, understanding and enjoyment of art. As one means of achieving this mission, the NGC operates the soyouwanttobeanartist.ca website (the “Site”) to present the So You Want To Be an Artist contest (the “Contest”) in accordance with the Contest rules located at http://soyouwanttobeanartist.ca/en/rules/ (the “Rules”).

Before you go on to enjoy this Site… Please take a moment to read the following important Terms and Conditions that govern your access to and use of this Site:
Copyright 
The images, text, audio and video clips, documentation, illustrations, designs, icons, software and all other content on this Site are protected by Canadian and international copyright laws. The content on the Site may be covered by other restrictions as well, including copyright and other proprietary rights held by third parties. Except as provided in the Rules, the NGC retains all rights, including copyright, in data, images, text and any other information contained in and on the Site. The NGC expressly forbids the copying of any protected content on the Site, except for purposes of fair dealing, as defined by the Canadian Copyright Act, and as described below.
The Materials on this Site are provided for browsing, viewing, downloading, listening where such activities are limited to, non-commercial, educational and personal use only. By downloading, printing or otherwise using text, images, files from the Site, users agree that they will limit their use of such files to fair dealing, and will not violate NGC’s or any other person’s proprietary rights. Content used in this way must retain any associated copyright or other proprietary notices, and shall acknowledge its source. The source citation should include this Site’s URL: soyouwanttobeanartist.ca. Digital manipulation or other modification of any of the content on the Site is expressly forbidden. All other uses other than provided for in these Terms and Conditions are expressly prohibited without the express written consent of the NGC and, if applicable, any additional third-party copyright holders.

Terms and Conditions

Uses requiring no further Permission 

Uses where Permission is Required 
Unauthorized commercial publication, exploitation, including but not limited to print or electronic distribution of the Site and the content on this site is expressly prohibited without written authorization from NGC, and, where applicable, third-party rights holders. In addition, there may be rights held by third parties, that includes photographic copyrights. The NGC shall not be responsible for the procurement of any third party proprietary rights and the user shall be obligated to clear such rights prior to the use of the content. NGC shall grant permission to use its Content on a case-by-case basis at the sole discretion of the NGC Copyright Division. In most cases a fee will be charged, depending on the type and nature of the proposed use.
Links to the Site 
The NGC encourages other web sites to link to the home page of this Site, as a normal link. Content from this Site may not be used within a frame, or by means of an in-line link. Users that wish to create specific links to web pages within the Site must request permission in advance by contacting the Webmaster of the NGC and to provide details on the proposed usage. Upon the review, the Webmaster will determine whether to approve a proposed in-line link and if so, provide more detailed and specific guidelines for the use and citation of the content to which the in-line link will be created.

Links to External Sites 
Links to third party outside sites by the NGC are provided to visitors as a convenience and their inclusion in no way implies that the NGC endorses or accepts any responsibility for the content or use of these sites. As the organizations and individuals that maintain these sites may not be subject to the Official Languages Act, information found on these sites may be presented only in the language in which they were written.

Trademarks 
Many of the trademarks, service marks, and logos, (collectively the “Trademarks”) displayed on this Site, including the logo of the National Gallery of Canada, are registered and/or unregistered marks of the NGC. The Trademarks of third parties may also be displayed on this Site. Nothing contained in this Site should be construed as granting any license or right to use any Trademarks on this Site without the express written permission of the NGC or any third party that may own the Trademarks displayed on the Site. Any unauthorized use of the Trademarks is strictly prohibited.

Content Posted to or Transmitted from the Site

Except as otherwise provided in the Rules, all comments or suggestions and any content posted to or transmitted by a user to the Site are not confidential and become the property of the NGC. Except as otherwise provided in the Rules, the NGC may reproduce, disclose, transmit, publish, broadcast, tele-communicate to the public by telecommunication and post any such content at its sole discretion. Except as otherwise provided in the Rules, the NGC may also use any idea, concept, know-how or technique a user posts for any purpose, including developing, manufacturing or marketing products or other material. You cannot post to or transmit from the Site any content which is threatening, libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, or otherwise illegal, or objectionable or that could constitute or encourage a criminal offense, violate the rights of any party, or that could give rise to liability or violates any law. The NGC neither takes responsibility nor assumes liability for any such content on this Site.

Privacy Statement 
The NGC complies with Canada’s Privacy Act. Any personal information gathered by the NGC about visitors to the Site is not provided to third parties. If a visitor chooses to log in to Facebook via the Site or to vote for any of the entries in the Contest, then the following information will be collected: first name, last name, country, language, gender, and IP address.  Any of the foregoing personal information collected via the Site will be treated in accordance with the NGC’s Privacy Policy, which may be found at: http://www.gallery.ca/en/privacy-policy.php.

Monitoring Usage and Use of Personal InformationThe NGC will not sell, trade, or rent your personal information to others. The NGC may compile and provide aggregate statistics about on-line visitors, traffic patterns and related site information to third parties, but these statistics will not include any personally identifying information. When you use the Site, the NGC may release personal information when such release is reasonably necessary to comply with the law; enforce the terms of any NGC user agreements or protect the rights, property and safety of the NGC, users of the Site or third parties.

Use of Site by Children 
Except as set forth in the Rules, the NGC does not solicit personal information from minors. Visitors who are under the age of majority and in particular, visitors who are under the age of twelve are required to obtain parental or guardian consent before submitting any personal information to the Site.

Contest Voting
In accordance with the Rules, users of this Site are only allowed a maximum of one (1) vote per entry submitted to the Contest. For clarity, each user may vote for more than one (1) entry, but a user may not vote more than once for any particular entry.

Revisions to Notices 
This notice may be revised from time to time by the NGC in response to changes in the law, policy or for other reasons. Please visit this page from time to time to inform yourself of any changes.

Privacy Policy

How The So You Want to Be an Artist Contest’s Policy Protects Your Privacy

The So You Want to Be an Artist Contest and the Canadian Museum of Contemporary Photography comply with Canada’s Privacy Act and are committed to protecting the personal information you provide when you buy tickets to an exhibition, become a member, subscribe to the Gallery’s various newsletters, enroll in our educational and outreach programs, make a donation or access the websites.

Collection, Use, Disclosure and Retention

Collection
The personal information that you voluntarily provide to The So You Want to Be an Artist Contest and to the Canadian Museum of Contemporary Photography is protected under the provisions of Canada’s federal privacy legislation. Depending on the nature of the transaction, the Gallery generally collects, your name, address (post and electronic), telephone number and payment information related to ticket purchases, memberships, donations, newsletters, information mailings and bookstore transactions. The So You Want to Be an Artist Contest and The So You Want to Be an Artist Contest Foundation may collect demographic information such as your date of birth, gender and language preference for marketing and fundraising purposes.

Use
As a donor or member of the Gallery, you can enjoy some of the following benefits:
In order to provide you with these special offers and other advantages, we use your information to:
Disclosure
Your personal information is not shared, sold, rented, traded, or otherwise disclosed to any outside third party except with your consent or where authorized and or required by law. The So You Want to Be an Artist Contest uses external services and suppliers to assist it in various functions such as processing ticket transactions. Through agreements with these partners and their commitment to protect your privacy, please know that your information is managed with the same level of sensitivity as we do. A confidentiality clause that describes what type of information is being shared, for what purpose it is being shared, and how long it is to be retained is incorporated in the contracts.

  • free admission
  • savings on regular ticket prices for guests
  • discounts – bookstore, lectures, daycamps etc.
  • respond to your inquiries
  • send you membership renewal forms
  • provide you with our newsletters and brochures
  • conduct financial transactions
  • mail your tickets
  • administer contests and promotions
  • notify you of special events and exhibitions
  • solicit financial support and membership purchases
  • generate statistics

Retention
Personal information is retained by The So You Want to Be an Artist Contest only so long as required by law or as is reasonable to fulfill the purposes for which it has been collected.

National Gallery of Canada Foundation

The So You Want to Be an Artist Contest created The So You Want to Be an Artist Contest Foundation as an independent legal entity, and registered charity, to manage its fundraising, sponsorship and donor stewardship. It is with the contribution of members, donors and sponsors that The So You Want to Be an Artist Contest continues to fulfill its national mandate and achieve its vision. Therefore, it is reasonable to expect that the Gallery will share non-sensitive information from its patrons with its Foundation in order to:
Protection of Children’s Personal Information
Education programs at the Gallery bring art to life. Through our educational and outreach programs the Gallery inspires young artists and art enthusiasts. The Gallery collects contact information on the parent or guardian who registers a child as well as personal information on children age six and up. This is for identification purposes and to ensure the safety and health of the children who participate in our activities. The contact information may also be used to apprise them of other educational opportunities.

  • thank donors and issue tax receipts
  • invite donors, sponsors and members to special events and functions; provide donors with our newsletters and stewardship reports regarding their gift
  • provide recognition in print materials
  • solicit donations
  • generate statistics

Please note that a signature from the parent or guardian is required if the participant is under 18 years of age.

Websites

Any personal information gathered by the Gallery about visitors to our websites is not provided to third parties. If you log in to “My CyberMuse”, you will not receive e-mail you have not requested, and you may update or remove your name from the list or send us your comments and questions by contacting us at cybermuse@gallery.ca.

Monitoring Usage and Use of Personal Information
The Gallery gathers information on the use of our sites through site-traffic data captured in standard web logs and feedback. From time to time “cookies” are employed to help the Gallery understand how our sites are being used. Cookies are a special random ID, consisting of small text files stored on the hard drive of the user’s computer that are necessary for certain applications on the sites to function. In some cases the cookies expire once the browser is closed.

The Gallery will not share, sell, rent or trade your personal information to others. The Gallery may compile and provide aggregate statistics about on-line visitors, customers, sales, traffic patterns and related site information to third parties, but these statistics will not include any personally identifying information. When you purchase a product through the on-line boutique, the Gallery may release account information when such release is reasonably necessary to comply with the law, enforce the terms of any Gallery user agreements or protect the rights, property and safety of the Gallery, users of our websites or third parties.

When you order a product through the on-line store the Gallery requires your name, billing and shipping addresses, telephone numbers, e-mail addresses and credit card information to process the order. Credit card information will only be used on an as-needed basis to process your order and will then be destroyed.
Cookies
The So You Want to Be an Artist Contest, like most large websites, uses cookies to help us provide a better service to our users. “Cookies” are a feature of every Internet software browser and are used to collect information anonymously and to track user patterns on a website.

A cookie is a small text file that is placed on the hard disk drive of your computer by a website. Cookies are used to establish a user session and allow our computers to correctly provide visitors to our website with the appropriate frames and content. Cookies tell us which pages of our website are visited and by how many people. The use of cookies is an industry standard.

When you browse through this website, you do so anonymously. The So You Want to Be an Artist Contest does not collect personal information about you unless you voluntarily provide it to us by interacting with the site or submitting an inquiry to us. Our servers automatically log information about visits to this website in the normal course of establishing and maintaining web connections. The server logs record statistical information such as visitors’ IP addresses, time and duration of visit, and web pages visited.

The usage patterns tracked by cookies remain confidential, and The So You Want to Be an Artist Contest does not participate in any external site tracking programs. Nor do we share or sell any cookie-generated information about individual users or user patterns with outside agencies. We are committed to protecting your privacy and use cookies to improve our service.

Cookies can be enabled or disabled by users however this may limit access to certain areas of our sites. Our cookies will not follow your travels on the World Wide Web.

Use of Websites by Children
The Gallery does not solicit personal information from children on its websites. Visitors under the age of majority, in particular those under the age of twelve, are required to obtain parental or guardian consent before submitting any personal information to Gallery websites.

Your Choice - Your Rights

If at any time you would like to access, correct or add to your personal information that we maintain, make a complaint regarding the management of your personal information, or be removed from any of our mailing or call centre lists for any of the Gallery services, we encourage you to contact the Privacy Officer at The So You Want to Be an Artist Contest who will address your concerns, complaints and questions.

Questions or Comments?

Access to Information and Privacy Coordinator
National Gallery of Canada
P.O. Box 427, Station A
Ottawa ON K1N 9N4

T 613-990-3403
F 613-990-8594
privacy@gallery.ca

If we are unable to resolve your complaint in a satisfactory manner, or you would like more information on the Privacy Act, you can contact the Office of the Privacy Commissioner of Canada at http://www.priv.gc.ca/.

2013 Finalists

Rules

SO YOU WANT TO BE AN ARTIST?
CONTEST RULES
(the “Official Rules”)

Contest Overview

The National Gallery of Canada (the “Gallery”) wants to challenge Canadian teens to show off their artistic talents in the Gallery’s nation-wide “So You Want to be an Artist?” contest (the “Contest”). Contestants will be invited to create an original two-dimensional artwork in any media. Contestants can draw inspiration from the national collection by viewing thousands of artwork images on the Gallery’s website at www.gallery.ca. Eligible entries will be posted on the Contest website and from May 26, 2014 to June 30, 2014 visitors to the Contest website can vote for their favourite entry. The top twelve (12) entries as determined by online voting, and three (3) additional entries that will be selected by an art expert, designated by the Gallery will be displayed at the Gallery and featured on the Contest website. A jury will select the top three winners from among these fifteen (15) entries.

Contest Dates

The Contest will be conducted from April 22, 2014 to September 15, 2014. The Contest will have the following phases. Starting at 12:00 a.m. Eastern Time (ET) on April 22, 2014 and continuing until 11:59 p.m. on May 21, 2014 (the “Submission Phase”), contestants can visit the Contest website at www.soyouwanttobeanartist.ca to enter and submit a digital image of an original artwork in any media (an “Artwork”). No entries will be accepted after 11:59 p.m. ET May 21, 2014. The second phase of the Contest will occur from May 26, 2014 to June 30, 2014 (the “Voting Phase”). During the Voting Phase, all Artwork entries that were accepted during the Submission Phase will be displayed on the Contest website. During the Voting Phase, visitors to the Contest website will be able to view the Artwork entries and artist statements and visitors who log into the Contest website using their Facebook credentials will be able to vote for their favourite entries. This Contest is in no way endorsed or sponsored by Facebook. The total number of votes for each Artwork entry will be tabulated during the Voting Phase and the top twelve (12) Artworks as determined by these votes will be eligible for display at the Gallery from July 28, 2014 to September 1, 2014 (the “Display Phase”). In addition to the top twelve (12) Artworks as determined by voting, three (3) more Artworks that are not within the top twelve (12) by voting, but which nonetheless demonstrate outstanding artistic merit, will be selected by an art expert designated by the Gallery for inclusion in the Display Phase. During the Display Phase, a jury convened by the Gallery will select the three (3) grand prize winning Artworks from among those Artworks that were physically displayed at the Gallery during the Display Phase. The jury will make its determination about the winning Artworks on or about July 30, 2014 and the Gallery will attempt to notify the winners by email by July 31, 2014. All Artworks provided to the Gallery for display at the Gallery during the Display Phase will be returned to the applicable contestants by September 15, 2014. Artwork will be returned to contestants by either the general mail service or courier; the specific delivery method will be determined by the Gallery in its discretion. The Gallery shall not be responsible for any failure by the general mail service or courier to deliver an Artwork or for any damage to an Artwork after it is given to the general mail service or courier.

Eligibility

The Contest is open to residents of Canada who are between the ages of sixteen (16) and nineteen (19) (inclusive) as of August 12, 2014 and who comply with the entry procedures described in these Official Rules. If a contestant is under the age of majority in the contestant’s province of residence prior to entering the Contest, then the contestant must review the Official Rules with his or her parent or legal guardian to make sure his or her parent or legal guardian understands the Official Rules and agrees to be bound by them. Only entries submitted by those contestants who have registered through the Contest website will be accepted. The Contest is not open to immediate family members of Gallery employees or people who are residing with employees of the Gallery. NO PURCHASE IS NECESSARY.

Submission of Entries

Each contestant may submit only one (1) entry to the Contest. Any Artwork submitted by a contestant must be an original concept and creation of that contestant. The digital image submitted by a contestant must be of an Artwork which is a two-dimensional artwork in any media on a rigid support such as paper, canvas, matt board, plexi or masonite and which has dimensions no larger than 18 x 24 inches (45.72 cm x 60.97 cm) in either landscape or portrait format. The digital image of an Artwork must have a resolution of six (6) megapixels or greater (minimum resolution of approximately 2832 pixels by 2128 pixels). Photographs may be submitted as Artworks; however, if a photograph is submitted as an Artwork then the photograph itself must have artistic merit and the photograph must not simply be an image of another artwork in another media. Contestants must also submit their name, age (as of August 5, 2014), email address and phone number along with the title of the contestant’s Artwork, an “artist statement” about the contestant’s Artwork andabout who inspired them and why (maximum 150 words). Contestants who are selected for the Display Phase will be required to provide their home address and phone number. By submitting an entry to the Contest, each contestant (including, if such contestant is a minor, such contestant’s parents or legal guardians) agrees to be bound by the terms of these Official Rules. A contestant will be disqualified if he or she does not provide all of the required information described in this Section or if the Artwork does not comply with the requirements set forth in this Section and Section 5.

Artwork Guidelines

Intellectual property infringement is an important consideration when creating your Artwork. Intellectual property infringement includes, but is not limited to, the reproduction of a substantive part (either qualitatively or quantitatively) of a pre-existing work such as a logo, trademark, painting, sculpture, photograph or other artistic work, including images from popular culture such as magazine pages or album covers. All Artwork submitted to the Contest must be an original creation of the contestant submitting that Artwork and must not infringe, misappropriate or plagiarize the rights of anyone else. Artwork may contain third-party material provided that the contestant has obtained permission to use such third-party material, or its use is otherwise permitted by law. No Artwork that portrays any subject matter that is pornographic, defamatory, offensive, libelous, invasive of another’s privacy, hateful, discriminatory, or that encourages criminal behavior will be accepted and the Gallery shall have the right to decline or subsequently remove the corresponding Contest entry. Each contestant represents and warrants that he or she owns the copyright in any Artwork submitted by that contestant to the Gallery for the Contest other than any third-party material embodied in such Artwork. If the Artwork submitted by a contestant to the Gallery for the Contest includes any third-party material, then that contestant represents and warrants that he or she has obtained the necessary permission(s) or otherwise has the necessary right(s) to utilize such third-party material in the Artwork and for the Contest. Each contestant represents and warrants that his or her Artwork does not infringe, misappropriate or violate any third party’s rights (including copyright, rights of publicity or privacy, and/or any other intellectual property or personality rights), and that the images and Artwork can be freely published and/or displayed. If the owner of any third-party material used in any Artwork objects to the use of such material in that Artwork, then the Gallery shall be entitled to remove the Artwork from the Contest without any further obligation to investigate or confirm the validity of the objection.

Misconduct

The Gallery has the right to reject or cancel any and all entries, as determined in the Gallery’s sole discretion, that are incomplete or duplicative; that are false or deceptive; that violate any law or regulation; that transmit content that contains any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and/or that interfere with or disrupt the Contest or servers or networks connected to the Contest. The Gallery shall also be entitled to reject or cancel any entries submitted by anyone who violated these Official Rules, including, without limitation, the rules governing voting for Artworks during the Voting Phase.

Prizes

Three (3) grand prizes will be awarded as follows:

First Prize: A behind-the-scenes visit to the Gallery to learn about careers in the visual arts, a portfolio review by a curator (or university/college professor) and a $500 gift certificate for art supplies. Total maximum value: $3500. The Gallery will arrange and pay for travel for the Contest winner and one (1) accompanying adult to fly (coach) from their home (outside of a 100 km radius from downtown Ottawa) to Ottawa and back. The Gallery will also provide two (2) nights’ accommodation at a hotel of the Gallery’s choice and will pay for meals in accordance with the Gallery’s guidelines for travel by Gallery employees. If a contestant lives within a 100 km radius of downtown Ottawa, a $1000 gift certificate for art supplies will be substituted for the travel and accommodation portion of this prize.

Second Prize: A $1000 gift certificate for art supplies.

Third prize: A $500 gift certificate for art supplies.

All prizes are non-transferable and must be accepted as is and may not be substituted for another item or exchanged, in full or in part, by contestant. The Gallery has the right to substitute prizes of equal or greater value. All federal, provincial, or other taxes that may apply due to the receipt of a prize are the sole responsibility of the individual who receives that prize. No more than the advertised number of prizes will be awarded and no more than $5000.00 will be paid in aggregate to the winning contestants. Winners will be required to provide copies of government-issued picture identification (such as a driver’s license or passport) to validate their compliance with the age requirements of the Contest.

 

Method of Selecting Winners

Once a contestant has completed and submitted the online entry form, the contestant will receive an automated confirmation that his or her entry has been received. The Contest winners will be chosen as follows:

All entries that comply with these Official Rules will qualify for display on the Contest website during the Voting Phase.

Commencing at the start of the Voting Phase, the Artwork submitted with each accepted entry will be displayed on the Contest website. During the Voting Phase, viewers on the Contest website will be able to vote once for each submission. Once the Voting Phase begins, visitors who have logged into the Contest website using their Facebook credentials will be able to vote for their favourite entries. The Contest website is designed to accept only one vote per entry from any single Facebook user. For security purposes and to try to prevent circumvention of voting restrictions, each voter’s IP address, ISP and username will be recorded along with the date and time of each vote cast. The Gallery shall have the right to revise the vote count for any particular entry at any time if the Gallery believes there has been suspicious behaviour or an attempt to alter the vote count of a specific entry or entries. For example, if it is observed that there is suspicious behavior coming from a specific user (such as multiple votes for a specific entry from one user), then the Gallery may revise the count for such entry by eliminating all votes cast by that user for the applicable entry. After the end of the Voting Phase, the twelve (12) Artworks with the highest total number of votes will progress to the Display Phase and will be eligible for physical display in the Gallery on the Artissimo wall in the Gallery concourse. In addition, to the top twelve (12) Artworks as determined by voting, three (3) more Artworks that are not within the top twelve (12) by voting, but which nonetheless demonstrate outstanding artistic merit, will be selected by an art expert designated by the Gallery for inclusion in the Display Phase. In order to qualify for display at the Gallery, a selected contestant must send their physical Artwork to the Gallery within the timeframe specified by the Gallery. If the Gallery is unable to contact a selected contestant within a reasonable period of time (as determined by the Gallery) or if the Gallery does not receive a physical copy of a selected Artwork within the timeframe specified by the Gallery for the provision of such Artwork to the Gallery, the Gallery may disqualify a selected contestant from the Display Phase and select the next highest scoring contestant. In the event of ties, coin flips will be used to eliminate contestants with the lowest tied score until only twelve(12) contestants have been selected based on voting for the Display Phase. If any contestant is determined to have voted multiple times for his or her own Artwork, or to have used any mechanical means to try to increase the votes for his or her Artwork, or to have used any other means to attempt to influence the outcome of the Contest that in the reasonable determination of the Gallery is unfair or not consistent with competition on the merits of each Artwork, then the Gallery may disqualify such contestant and his or her Artwork from the Contest.

The Artworks that are physically displayed in the Gallery during the Display Phase will qualify for consideration by a jury to be appointed by the Gallery. The jury appointed by the Gallery will determine the winners of the first, second and third grand prizes. The jury will evaluate the Artworks based on: the clarity of theme and message; originality and imaginativeness; and the thought and feeling provoked in the viewer. The jury is the final authority for the grand prize determination. All decisions of the jury are final and binding.

The winners will be identified by name and city of residence and listed on the Contest website after the completion of the Voting Phase and the Display Phase. Gift certificates will be delivered to the winners by either the general mail service or courier; the specific delivery method will be determined by the Gallery in its discretion. The Gallery shall not be responsible for any failure by the general mail service or courier to deliver a prize or for any damage to a prize after it is given to the general mail service or courier. Travel and accommodation prizes may be pre-paid or reimbursed in the Gallery’s discretion and in accordance with the Gallery’s travel guidelines for travel by its employees.

The odds of winning depend on the number of eligible entries received. If a contestant who has qualified for a prize does not respond within five (5) business days of the Gallery’s initial attempt to contact that person, he or she will be disqualified and the next contestant as determined by jury decision will qualify for the applicable prize. If the first-place contestant is disqualified then the second-place contestant will become eligible for the first place-prize and the second and third-place prizes will be awarded accordingly. A similar process will be followed if the second- or third-place prize winner is disqualified. This process will continue until the Gallery can successfully award the grand prizes.

LIMITATION OF LIABILITY

BY PARTICIPATING IN THIS CONTEST, EACH CONTESTANT WHO REGISTERS AT THE CONTEST WEBSITE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELEASES AND HOLDS THE GALLERY AND ALL OF THE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF THE GALLERY (HEREINAFTER THE “GALLERY INDEMNITEES”), HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, ACTIONS OF ANY KIND IN CONNECTION WITH THE CONTESTANT’S INVOLVEMENT IN THE CONTEST AND/OR IN CONNECTION WITH THE CONTESTANT’S SUBMISSION OF AN ENTRY, ACCEPTANCE, POSSESSION OR USE OF THE PRIZES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE, AND ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, DISPARAGEMENT, INTELLECTUAL PROPERTY INFRINGEMENT OR MISAPPROPRIATION, OR INVASION OF PRIVACY.

Malfunctions

The Gallery Indemnitees are, to the fullest extent permitted by applicable law, not responsible for (i) any entries lost due to technical failures of any kind, including, but not limited to any malfunction, error, omission, interruption, deletion, defect, delay in the operation of any computer, telecommunications, network or Internet hardware or software, or any unavailability or inaccessibility of any transmission facility, telephone, telecommunications or Internet service; (ii) any unauthorized electronic or human intervention in any part of the entry process or Contest activities; (iii) any electronic or human error that may occur in the administration of the Contest, the processing of entries, or the selection of the winners; (iv) any injury or damage to persons or property, including, but not limited to a contestant’s computer hardware or software including, without limitation, any damage caused by any computer virus or worm, which may have been caused, directly or indirectly, by participation in the Contest, (v) any incorrect or inaccurate information, whether caused by a contestant or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of submissions in the Contest, (vi) any theft or destruction or unauthorized access to, or alteration of entries, (vii) any electronic or human errors in the processing or reporting of votes for entries in the Contest, or (viii) any personal injury or other loss or damage that may be incurred by a contestant or anyone else as a result of the receipt or use of any prize awarded in the Contest. If, for any reason, the Contest is not capable of running as planned by the Gallery, including because of any infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Gallery that corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest, the Gallery reserves the right to terminate or modify the Contest. The Gallery, in its sole discretion, reserves the right to disqualify any person tampering with the entry or voting process, the operation of the Contest website or who is otherwise in violation of the Official Rules. The Gallery reserves the right to modify the Official Rules as the Gallery deems necessary to conduct the Contest in a secure, fair and proper manner as intended by the Gallery. ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE GALLERY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

Privacy

Contestant information submitted as part of the registration process will be collected in accordance with the Gallery’s privacy policy subject to the publicity rights granted by the winning contestants. Contestants acknowledge that certain information submitted by them will be used as part of the Contest and made publicly accessible, including on the Contest website during the Voting Phase and at the Gallery during the Display Phase to identify the creators of Artworks.

Publicity

Except where prohibited by law, submitting a Contest entry constitutes contestant’s consent to the Gallery’s use of the contestant’s submission (including any digital versions of any Artwork submitted with that entry) for the purposes of conducting this Contest without further payment or consideration. Winners (along with their parents or guardians) will be required to sign an affidavit of eligibility and publicity release further granting the Gallery the right to use the contestant’s name, image, likeness, biographical materials and the contestant’s Artwork for publicity and promotion purposes including without limitation online announcements without additional compensation, unless prohibited by law. Each contestant hereby grants the Gallery an irrevocable, non-exclusive, paid-up, royalty-free, perpetual and worldwide license to reproduce Artwork submitted by such contestant in any medium (whether now available or hereinafter developed) and to publish, distribute, transmit and otherwise exploit such reproductions in Gallery publications or for any other purposes associated with the Contest. The Gallery shall have the right to edit the size of digital images of Artworks as the Gallery chooses for the forgoing permitted purposes.

Governing Law

By submitting an entry to the Contest website, each contestant accepts and agrees to be bound by these Official Rules. All decisions of the Gallery with respect to any aspect of the Contest and these Official Rules, including, without limitation, the eligibility of entries, the entries selected for each phase, and the winners, are final and binding on all contestants. The laws of the Province of Ontario, excluding its provisions on conflict of laws, shall govern this Contest. Each entrant hereto irrevocably submits to the exclusive jurisdiction of the Provincial and the Federal Courts in Ottawa, Ontario with respect to any matter arising hereunder or related hereto. During the Contest, the Gallery may provide notices or updates relating to the Contest by posting such notices or updates on the Contest website. Once an update or notice has been posted by the Gallery on the Contest website, all contestants will be deemed to have received such update or notice. These Official Rules state all of the terms and conditions governing the Contest.

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