2. Participation in the Contest
2.1 General Rules and application dates
2.1.1.The call for application is published on the website www.contest111.com (the “Platform”) and posted on the Web in general.
2.1.2. In order to take part in the Contest, artists must fill in an application form available on the Platform, after opening an account (the “Account”).
2.1.3. Each artist must be at least 18 years of age at the time of submission of the application and may only open one Account. The breach of this obligation will result in the exclusion of the artist from the Contest. Artists may not appeal against the decision of the Organizer.
2.1.4 Employees of the organizer and all persons involved in the design and realization of this initiative are excluded from participation in the Contest.
2.1.5. Contest applications may be submitted from 10:00:00 am on 25th July 2022 to 11:59:59 pm on the 19th October 2022.
2.1.6. No extensions of the Application Deadline will be granted in any case, not even in the event of unforeseen events or Platform malfunctions. Therefore, artists are required to submit their entries in good time.
2.1.7. For reasons of fairness between applicants, the application form is standardised. As a result, artists may not provide documents or information other than those requested in the online application form.
2.1.8. Applicants must not send or deliver anything to the Organizer by mail (e.g. letters, catalogues, books or works of art).
2.1.9. In the event that fewer than 5000 applications are received by the Application Deadline, the Organizer, at its sole discretion, has the right to cancel the Contest, in which case the Entry Fee will be refunded to the participants.
2.1.10. The Organizer reserves the right to change, even in part and at any time, the terms and conditions of participation in the Contest, giving appropriate notice on the Platform, without introducing detrimental changes and safeguarding the rights already acquired by the participants in good standing with the application form.
2.1.11. Any candidate who has violated the terms of the present Rules, who provides untruthful information, who is not the author of the works submitted, who has paid the Entry Fee by fraudulent means, who has insulted and/or denigrated other artists, the Organizer or staff, or who has a disrespectful attitude in general or whose behaviour is unfair will be excluded from participation in the Contest by means of a non-appealable communication from the Organizer.
2.1.12. The Organizer shall be exempt from any form of liability for entries and/or messages lost or received or damaged in the process of online submission, received after the deadline or with incorrect data, nor can they be held liable for any problems of access, impediment, malfunction or difficulty as regards the technical equipment, computer, telephone line, cables, electronics, software and hardware, connection, Internet connection that may prevent an artist from participation in the Contest.
2.2. Entry Fee
2.2.1. In order to participate in the Contest, an Entry Fee (the “Entry Fee”) must be paid via the Platform.
2.2.2. An entry to the Contest with only one work shall require the payment of an Entry Fee of EUR 111,00 (VAT included, if applicable). Participants may submit several works, up to a maximum of five per artist. Each work in addition to the first shall require the payment of an additional fee of EUR 9,00 (VAT included, if applicable) for each additional work. The Organizers, at their sole discretion, may issue, vouchers to one or more artists. These vouchers will allow applicants to pay a lower Entry Fee.
2.2.3. The Entry Fee is not refundable under any circumstances, except in the case of cancellation of the Contest in accordance with these Rules.
2.2.4. Irregularities in the payment of the Entry Fee shall result in the exclusion of the artist from the Contest.
2.3. Application Form.
2.3.1. The Application Form must be filled in online through the Account
opened by the applicant. Applicants may update their Application Form at any any time up to the Application Deadline.
2.3.2. Applicants must submit at least one work in the Application Form. All works which, in the sole opinion of the Organizer, have racist, sexist discriminatory or pornographic content, or content that is offensive or denigrating or violent, etc. are strictly prohibited. Works that are found to be a carbon copy of another work or plagiarism are also strictly prohibited.
2.3.3. The application to take part in the Contest is deemed to have been accepted as soon as the participant receives confirmation by e-mail
from the Organizer. The confirmation will be sent after verifying that the application is complete and complies with these Rules and that the Entry Fee has been paid. If the Application Form does not comply with these Rules, the participant will not receive confirmation by e-mail.
2.3.4. The Organizer is entitled to ask any applicant at any time to provide all documentation to support and confirm any information or declaration submitted with the Application Form in the Contest. Failure to respond to a request for clarification by the Organizer will result in the exclusion of the artist from participation in the Contest.
2.3.5. Any applicant who provides untruthful information, who is not the author of the works submitted, who has paid the Entry Fee by fraudulent means, shall be excluded from participation in the Contest by means of a non-appealable communication from the Organizer.
2.3.6. When submitting the Application Form, any applicants must expressly declare that they have fully understood these Rules and fully accept them in all its parts, that they have all rights to the work submitted to the Contest, that they have acquired permission from all subjects represented in the work, and finally that they shall indemnify and hold the Organisation harmless from all claims by third parties.
3. Jury. Selection of Winners.
3.1. The selection of the works will be carried out by a popular jury who will be able to vote for their favourite works by registering on the Platform. Each juror will have an unlimited number of votes as long as they have completed registration. Each vote cast by voters will have a value in EUR on a scale from EUR 1,00 to 5,00.
3.2. The popular jury will be able to vote for their favourite work starting from the second day after the Application Deadline so from 21 October 2022 and until 23:59:59 on 7 February 2023.
3.3. Prizes will be awarded, either as monetary amount or as encouragement, to a maximum of 10,000 ranked artists based on the value in EUR of the votes received, so that the winner will be the one who receives the highest EUR equivalent in votes and not the highest number of votes.
3.4. The work receiving the highest “absolute” value of votes from voters will be declared the winner of the Contest. The work will be purchased by Five Gallery SA for a fee of 111,000 EUR (including VAT, if due) which will therefore correspond to the value of the first prize (“First Prize”). By submitting an application to participate in the Contest, each applicant irrevocably undertakes to assign his work and any related rights for the aforesaid amount in the event that they are the winner of the Contest.
3.5. The winner of the “First Prize” shall be excluded from the possibility of winning other prizes.
3.6. In addition to the First Prize for the applicant who finishes in the first place, the following prizes will be awarded: (i) a second prize to the artist who finishes in the first place with the highest number of votes from voters in the category of “photography” works only. The work of such winning artist will be purchased by the Organizer for EUR 5.000,00 , therefore matching the value of the second prize (“Second Prize”); (ii) a third prize to the artist who finishes in the first place with the highest number of votes from voters in the category of “painting” only. The work of such winning artist will be purchased by the Organizer for EUR 5.000,00 , therefore corresponding to the value of the third prize (“Third Prize”); (iii) further prizes from the artist finishing in the second place to the artist finishing in the 9,997th place who, in descending order after the First Prize winner, have achieved the highest number of votes by absolute value. Each artist who is thus placed between 2nd place and 9,997th place in the overall ranking by absolute value will receive a prize equal to half of the value in EUR collected with the votes obtained by the jury within the following limits below. Each additional prize that will be awarded to applicants finishing between 2nd place and 9,997th place shall not exceed a maximum amount of of EUR 111,00 , even if the value of the votes received is greater.
3.7. The First Prize, the Second Prize and the Third Prize shall be paid simultaneously with the delivery of the work to the Five Gallery SA, within the deadlines specified in the relevant communication sent to the winning artist, and which is required for collecting the prize. All cash prizes other than the First Prize, the Second Prize and the Third Prize will be paid by the Five Gallery SA within 60 days of the announcement of the winners by means of bank transfer to the bank details that each artist must send to the Organizers within the peremptory deadline specified in the relevant communication under penalty of forfeiting the award. The Organizer shall withhold and pay any legal withholding tax on the prize where provided for by the applicable law.
3.8. Winners will be announced by the Organizer within 72 hours after voting closes. The announcement will be made on the website, social media and by e-mail to the winning participants. The verdict of the selection by the popular jury shall not subject to further dispute or review.
4.1. Artists who opened an Account and submitted an Entry retain ownership of all their copyrights and rights of use related to the submitted works and the information in their Application Form. It being understood that, as set out in these Rules, First Prize, Second Prize and Third Prize winners agree to transfer their work to Five Gallery SA for the value of the relevant prize provided for in these Rules.
4.2. By submitting their application to take part in the Contest, artists in any case declare, as of now, not to have entered into any commitment (by way of agreement or otherwise) that may limit their participation in the Contest in compliance with these Rules and taking into account the aforementioned prizes.
4.3. Artists grant to Five Gallery SA, free of charge, the right to reproduce, on any communication, document or advertisements referring to the Contest and/or the Organizer, the content of the work submitted to the Contest for an unlimited period of time.
5. Personal data
5.1. Artists are aware and declare that they have received appropriate information about the fact that their personal data will be digitally processed by the Organizer and the other parties responsible for managing the Contest in compliance with the GDPR and Legislative Decree 196/2003 (as amended by Legislative Decree 101/2018 to comply with the GDPR).
5.2. By sending the application for participation, artists must grant their consent to the processing of their data for the purposes required for the running of the Contest, and may object only to promotional purposes.
5.3. Pursuant to the GDPR and Legislative Decree 196/2003, artists have the right to access, oppose and correct data concerning them in the area reserved to each candidate.
5.4. The Data Controller is the Organizer who has appointed as Data Processor the company Unique Web s.r.l who can be contacted at the following email address: email@example.com.
5.5. Applicants will be allowed to delete their Account at any time by clicking on the “Delete my account” button provided for this purpose, on the understanding that deletion automatically results in exclusion from the Contest. In the event of cancellation, the right referred to in Section 4.3 of these Rules shall in any case remain valid.
6. Postponement, cancellation, force majeure
6.1. The Organizer reserves the right to postpone or cancel the Contest in case of unforeseeable and/or extraordinary circumstances.
6.2. The Organizer shall not be liable for non-performance of its obligations if a case of force majeure occurs, defined as any unforeseeable and unpreventable event resulting from circumstances external to the Organizer or in any case for facts which cannot be attributed to them. In any case the Organizer shall only be liable in case of gross negligence or wilful misconduct.
6.3. Failure to reach the minimum number of participants is cause of cancellation of the Contest and shall exclusively entitle the participants to obtain reimbursement of the Entry Fee paid, with the exclusion of any other claim or indemnity.
6.4. The Organizer is not responsible for the consequences of any postponements or cancellations of the Contest, nor is he responsible for the conduct of an artist participating in the Contest towards other participants or third parties.
7. Applicable law
7.1. These Rules are subject to the Italian law and jurisdiction. However, we reiterate the point that the Contest falls within the exclusions as provided in Section 6, Paragraph 1, Letter a) of Presidential Decree no. 430 of 26 October 2001, since there is no obligation to purchase products or services and the prize is awarded as an encouragement for the respective artist author of the work selected among the winners to continue the artistic path undertaken.
7.2. As these Rules have been translated into several languages, in case of conflict or doubts as to interpretation, the Italian language version shall be
considered the prevailing and reference version for any dispute.
7.3. Any dispute arising from and/or related to these Rules or to the Contest will be subject to the exclusive jurisdiction of the Court where the artist’s domicile is located, if in Italy, or the Court of Milan, if no otherwise.
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