These terms and conditions together with the Policies (defined below) (the “Terms“) provide information about ArtisA’s Nature & Faces, and are the legal terms and conditions under which ArtisA (Art is Aruba) will accept the Artwork (defined below). In these Terms, “You” means the individual or entity making use of the Services and whose details are provided to us as the organization of ArtisA. ArtisA reserves the right to alter these terms at any time. Please ensure you review these terms frequently so that you are aware of such changes. If you do not agree to these Terms, you can simply close this page and exit.

 

1.     By entering the Competition You hereby accept these Competition Rules, Terms and Conditions.

1.1.    The Competition is free to enter.

1.2.    The Competition is open to all members of the community residing in Aruba.

1.3.    Entries must be submitted by December 1, 2021 – 12.00 p.m. EST.

1.4.    By entering the Competition, you agree and acknowledge that ArtisA is permitted to receive your registration data.

1.5.    All personal information will be used by ArtisA in accordance with its Privacy Policy.

2.     To enter, you must upload your image(s) via Nature and Faces’s website (www.natureandfaces.com).

2.1.    Images must be taken in 2021 and entries should be based on the categories outlined, information on which can be found on the website.

2.2.    Images should be no smaller than 1MB and no larger than 10MB. Image should be JPEG file. All images must be saved in the RGB color model.

2.3.    All participants must be able to supply a high-resolution image suitable for printing in exhibitions should the image be selected as a finalist.

3.     Entries will be judged between the 1st of December and the 15th of December 2021 by the online community and our judges.

3.1.    20% of the voting value will be from online voting and 80% by the panel of judges.

3.2.    A shortlist of up to five photographs from each category will be selected prior to the 3rd of December.

3.3.    The shortlist will be voted by a the online community through the website www.naturandfaces.com.

3.4.    The winning two photographs among the shortlist will be selected by the visitors of the Christmas Fair Aruba 2021, by means of an on-site public voting system.

3.5.    The decision is final and no negotiation will be entered into with respect to any such decision.

3.6.    Each photographer must submit their images free of costs. Each photographer can participate with one image per category, meaning a maximum of two images can be uploaded by each photographer; one image for the nature category and one image for the faces category.

4.     ArtisA reserves the right, in its sole discretion, to disqualify and remove any entry that does not comply with the following;

4.1.    ArtisA reserves the right, in its sole discretion, to disqualify and remove any entry that does not comply with the following requirements, even after the entry is submitted on the website. You warrant and represent, in respect of each entry submitted by You (“Entry”), as follows:

4.1.1. You are the sole owner and author of each Entry

4.1.2. You have the right to make Your entry available to the Competition

4.1.3. Entry does not contain personally identifiable information about You or any other person(s)

4.1.4. Each Entry does not contain any infringing, threatening, false, misleading, abusive, harassing, libellous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane content

4.1.5. Each Entry does not contain any material that could constitute or encourage conduct which would be considered a criminal offense, give rise to civil liability, or otherwise violate any law

4.1.6. Each Entry does not infringe upon the copyrights, trademarks, contract rights, or any other intellectual property rights of any third person or entity, or violate any person’s rights of privacy or publicity, and Your Entry does not include:

4.1.6.1. trademarks owned by third parties

4.1.6.2. copyrighted materials owned by third parties (including movie dialogue or musical compositions)

4.1.6.3. names, likenesses, voices or other characteristics identifying celebrities or other public figures, living or dead

4.1.6.4. any commercial content that promotes any product or service other than that of the Aruba Art fair.

4.1.6.5. screen credits

4.1.7. No animals were harmed or manipulated in the making of the image

4.2.    You agree to fully indemnify ArtisA in respect of all royalties, fees and any other monies owing to any person by reason of Your breaching any of the foregoing.

4.3.    You confirm that each person depicted in the Entry has granted permission to be portrayed as shown. Any costumes, props or other materials used must be rented or borrowed with the permission of the owner, and all other relevant permissions must have been obtained

5.     If you are under 16.

5.1.    If you are under 16, you must have your parent’s or legal guardian’s consent to participate in the competition.

5.2.    If ArtisA does not receive a valid signed parental or legal guardian consent form for any winner under the age of 16 within 7 clear days of the contestant being declared a winner (excluding the day on which such declaration is made by the ArtisA) ArtisA will be entitled to select an alternative winner.

6.     ArtisA may run an online rating process whereby members of the public may vote for a favorite photograph. If there is sufficient evidence (in ArtisA ’s sole discretion) to suggest malpractice and manipulation of the rating process, ArtisA has the right to remove the Entry or Entries in question and, if necessary, award the prize to a different contestant. ArtisA’s decisions are final.

7.     Copyright & Ownership

7.1.    ArtisA recognizes that you, the author of the image, retains full ownership of the copyright in each Entry.

7.2.    All entrants understand that any image submitted to the competition may be used by ArtisA, and its Event Partners, for marketing and promotional purposes of You the author and the event only, for a maximum of three years. You hereby grant ArtisA a non-exclusive, irrevocable license in each Entry throughout the world for three years in all media for any use connected to the promotion of You the author and the Natures & Faces event and/or competition, including, but not limited to:

7.2.1. (a) judging the competition.

7.2.2. (b) displaying the winning entries and runners up at public exhibitions promoting ArtisA and organized by the ArtisA.

7.2.3. (c) inclusion within the Website, a Natures & Faces Awards book, magazine or similar

7.2.4. (d) inclusion within any materials promoting of the competition and / or any exhibition organized by the ArtisA, in the promotion of ArtisA.

7.2.5. (e) inclusion on competition- and exhibition-related products to be sold by ArtisA or any third party following the individual agreement by the author.

7.2.6. (f) sub-licensing the Entries to the press for reproduction in connection with the Competition and any exhibition.

7.2.7. (g) allowing viewers of the Website to view images on a computer screen, PDA or mobile telephone and store such pages in electronic form on disk or on a PDA or mobile telephone (but not on any server or other storage device connected to a network) for their personal, non-commercial use only. Please also refer to clause 9.7.3 All entrants understand that the image information, including image name and description, may be shared with Event partners and media as per clause 7.1, 7.2 and 8. For the avoidance of doubt the “image information” does not include any personal information of You the author.

8.     Any photograph used by the ArtisA foundation shall carry a credit line. Any failure to provide such credit line shall not be deemed to be a breach, as long as the ArtisA uses its reasonable endeavors to rectify such failure within a reasonable period from the date of notice of such failure.

9.     You acknowledge that it is your responsibility for protecting any Entry against image misuse by any third party, for example, but not limited to the insertion of a watermark. ArtisA and its Event Partners assume no responsibility and are not liable for any image misuse.

10.   ArtisA assumes no responsibility for any incorrect, inaccurate or incomplete information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Competition, and ArtisA assumes no responsibility for technical, hardware or software failure of any kind, for lost network connections, garbled computer transmissions, other problems or technical malfunctions with regard to the Competition. ArtisA assumes no responsibility for any error, omission, corruption, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of Entries. ArtisA is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, computer equipment, software, failure of any e-mail addressed to ArtisA on account of technical problems, human error or traffic congestion on the internet or any website, or any combination thereof, including any injury or damage to Your or any other person’s computer related to or resulting from participation or downloading any materials in the Competition. If for any reason a contestant’s entry cannot be viewed or is not capable of running as planned, including infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failures, ArtisA assumes no responsibility.

11.   Under no circumstances will ArtisA, its parents, affiliates, subsidiaries and related companies, Event Partners, its advertising or promotion agencies, or its officers, directors, employees, shareholders, representatives or agents be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential, special or punitive damages arising out of any contestant’s access to and use of the Website. Without limiting the generality of the foregoing, everything on the Website is provided “as is”, without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for purpose or use or non-infringement.

12.   You agree to participate in related publicity and to the use of Your name and likeness for the purposes of advertising, promotion and publicity without additional compensation.

13.   All entrants must be able to supply a high-resolution image suitable for printing in media and an exhibition should the image be required.

14.   There are no cash alternatives available for prize winners.

15.   Winners will be announced on the 14th of December 2021.