ArtConnnect “Artist to watch 2023” Prize Official Rules
Please read the following rules carefully as they apply to all artists participating in the 2023 ArtConnect Artist to Watch. For additional instructions on how to create your artist profile and share your work on our website, please see our FAQ. We try to make our policies as clear and direct as we can while covering the necessary topics. If you have any questions, please email us at hello@artconnect.com
Last Updated: January 02, 2023
These Official Rules (“Rules") govern the 2023 ArtConnectArtist to Watch (“Prize”) and the relationship between you as a participating artist (“you” or “your” or “artist”) and ArtConnect, Inc. as the sponsor of the Prize (“ArtConnect” or “we” or “our” or “us”). These Rules are considered part of our Terms of Use, so please note that any terms that are used but not defined in these Rules have the same meaning given to them in our Terms of Use. By participating in the Prize and using our website, you agree to these Rules, our Terms of Use, and our Privacy Policy, so please read them carefully.
The ArtConnect Artist to Watch
The Prize is an annual merit-based award that we carry out to recognize and support outstanding practice by contemporary artists.Winners and Short-Listed Artists
One (3-6) artists will be selected as the 2023 (“Winners”)Jury
The Winners and Shortlisted Artists will be selected by a panel of Jurors (each, a “Juror” and together, the “Jury”) composed of experienced curators, gallerists, artists, or other art professionals invited solely by us, following the selection process described in Section 8 of these Rules below. If any Jurors are not able to participate at any time for any reason, we may, but are not obligated to, include alternate Jurors at our sole discretion.Eligibility
In order to be eligible, you must:
(1) be an individual who is at least eighteen (18) years old and otherwise able to enter into a binding contract;
(2) not be a resident of any country, state, or province listed in Section 5 of these Rules below regarding geographic restrictions;
(3) not be a ArtConnect employee, contractor, or their relative;
(4) be able to use our website and participate in the Prize in accordance with all applicable laws, rules, and regulations of the U.S. and any other applicable jurisdiction;
and
(5) maintain a published artist profile on our website (“Profile”) with at least six (6) published artworks and an artist statement on your Profile page, continuously throughout our 2023 selection period: 5:00 PM PT, April 01, 2023 – 5:00 PM PT, May 31, 2023.
Please note that an artist who has been selected as an Winners in any past year will not be eligible to be selected as an Winners or Shortlisted Artist again in 2023 or any other year; and an artist who has been selected as a Shortlisted Artist in any past year will not be eligible to be selected as an Winners or Shortlisted artist again for three years after the year they were last selected as a Shortlisted Artist.
For example, if an artist is selected as a Shortlisted Artist in 2020, they will not be eligible to be selected as an Winners or a Shortlisted Artist again until 2024. We include these restrictions in order to recognize a variety of artists from year to year and we appreciate your understanding.
Artists who meet the above eligibility criteria will be considered equally, whether an artist has a regular paid membership, is in a free trial period, or has any other complimentary or discounted membership (as applicable). Artists are otherwise eligible regardless of age, race, creed, color, religion, country of origin, gender, sex, sexual orientation, marital status, ancestry, disability, or veteran status. The Prize is void where prohibited by law and participation is not allowed in such jurisdictions.Selection Criteria and Decisions
The Winners will be selected on the basis of artistic merit, which we define as demonstrating a critical engagement with, and making a distinctive contribution to, one’s chosen media. Artwork in any media is eligible to be considered, and any artwork, artist statement, and other information which an artist publishes on our website may be considered during the selection process.
Please note that all decisions made by us or the Jury regarding artist and artwork evaluation, finalist, Winners, and Shortlisted Artist selection, and any other subject matter related to the Prize will be absolute, final, and binding. We and the Jury will not be obligated to provide reasons for any such decisions or to communicate with you or others about the merits of any such decisions at any time.Communicating by Email
We will send you any notices related to the Prize by email sent to the email address associated with your ArtConnect account at the time that we contact you. You are solely responsible for ensuring that you have a current and valid email address associated with your account at all times. We will not be responsible for any automatic filtering (such as spam filters) that you or your email service provider may apply to any email we send you. Accordingly, please check and make sure that you are able to receive email sent from our support@artconnect.com email address.Selection and Confirmation Process
The selection period for the Prize will be 5:00 PM PT, April 01, 2023 – 5:00 PM PT, May 31, 2023.
The selection process will take place during the selection period as follows:Our staff will review all eligible artists, select fifty (50) finalists, and provide the list of finalists to the Jury (please note that we have the right, but no obligation, to share the names of finalists with you or others at any time).
The Jury will review the finalists, select one (1) provisional Winners and three (3) provisional Shortlisted Artists, and notify us of those selections.
We will notify the provisional Winners and provisional Shortlisted Artists individually by email that they have been selected (“Provisional Notice”).
In order to be confirmed as the Winners or as a Shortlisted Artist, an artist must: (i) reply to our Provisional Notice by reply email within seven (7) calendar days after we send it; and (ii) provide us with documentation of their postal address and any other information that we may request to verify eligibility, as required or permitted by law; otherwise, that artist may be disqualified at our sole discretion and the Jury may select another provisional Winners or Shortlisted Artist from the remaining finalists, who will then be subject to the same notice and confirmation process.
If an artist responds to our Provisional Notice within the required time and we determine they are otherwise eligible, we will send them a second notice by email to confirm them as the Winners or as a Shortlisted Artist, as applicable (“Confirmation Notice”).
An artist may be required to accept and sign a written affirmation of eligibility and a publicity release before being confirmed as the Winners or as a Shortlisted Artist, as required or permitted by law, and we will provide any such forms along with our Provisional Notice.
Preparing Your Artwork to be Reviewed
The first six (6) artworks published in your Profile on our website (i.e. the first six works appearing at the top of your Profile page) will be reviewed during the selection process. You are welcome to publish additional works in your Profile if you wish, and artists are generally welcome to publish as many works as they wish on our website. If you do choose to publish more than six (6) works in your Profile, we and the Jury may, but are not obligated to, review any additional works at our and each Juror’s discretion, as applicable.
You can publish works in your Profile by signing in to your ArtConnect account.
Please note that for artwork that you may wish to have reviewed as video (such as video, performance, or animation work), due to the overall volume of artwork to be reviewed for the Prize, the first three (3) minutes of any video you publish in your Profile will be reviewed for each applicable work, and we and the Jury may, but are not obligated to, review more of such video at our and each Juror’s discretion, as applicable.Artist Statements
Each artist is required to publish an artist statement in their Profile on our website in order to be eligible for the Prize. Please note that due to the overall volume of material to be reviewed during the selection process, we and the Jury may choose to review only the first two hundred and fifty (250) words of your artist statement at our and each Juror’s discretion, as applicable. You can publish your artist statement on our website by going to the “About” section in artist profile and then adding, editing, and saving your artist statement text.CV Information
You are not required to publish your CV information on our website to be considered for the Prize. If you do choose to publish your CV information in your Profile, we and the Jury may, but are not obligated to, refer to such information to further inform the review of your practice, as applicable.No Additional Submissions
Please note that any artwork submissions or other materials sent to us by email, postal mail, or otherwise will not be considered or returned and may be discarded at our sole discretion without any obligation to you. Accordingly, please do not send us any additional materials.Announcing the Winners and Short-Listed Artists
We will endeavor to confirm and publicly announce the Winners and Shortlisted Artists by May 31, 2023, unless the selection process or other administration related to the Prize takes longer, in which case we will endeavor to make such announcement as soon as reasonably practicable thereafter. Once the Winners and Shortlisted Artists are confirmed, we may announce them publicly on our website and through social media, email, and any other media, at any time at our sole discretion.Costs and Expenses
You are solely responsible for all costs and expenses that you may incur in connection with the Prize or the use of our website, including any costs for art supplies, computers, phones, or other devices, and network or Internet service.Interviews
The Winners and Shortlisted Artists will each be featured in an interview as part of our magazine. Each interviewer will be chosen and invited solely by us, and we will endeavor to schedule and publish each of these interviews within one (1) year after we publicly announce the Winners and Shortlisted Artists, subject to the availability of interviewers and artists.Permission to Use Content, Name, and Likeness
As we are an organization focused on artists and their work, your copyright in your artwork is important to us. While we do require certain legal permissions from you to use your Content in connection with the Prize and our website, as described below, please note that these permissions are non-exclusive and you keep all intellectual property rights that you have in your artwork. You understand and agree that: (1) if you are selected and confirmed as the Winners or as a Shortlisted Artist, you grant us permission to reproduce, publish, and use your name, likeness, and any images, video, text, and other Content that you may publish at any time on our website (the “License”); (2) we may use and exercise this License at any time, at our sole discretion, worldwide, and through any media; (3) this License is non-exclusive and is for the limited purposes of operating and promoting the Prize and our website; and (4) we may share and sublicense this License to any third parties with whom we may work to promote and inform people about the Prize or our website at any time, as applicable for such purposes, including other websites, social media services, or press; (5) you will not assert any moral rights that you may have in any such Content (or in any underlying creative work) against any use of such Content as allowed by this License; and (6) this License will apply in addition to, and will not be limited by, any additional license that you grant us in our Terms of Use regarding the Content you provide on our website. Please note that “Content” is defined in our Terms of Use and includes but is not limited to images, videos, and written information.Reservation of Rights
Regardless of any other statement made in these Rules or elsewhere (whether orally, in writing, on our website, or otherwise), we expressly reserve the right to take any or all of the following actions, at our sole discretion, at any time before or after the Winners or Shortlisted Artists are confirmed or announced, for any reason, including if we believe that such action is necessary to comply with any law, rule, or regulation, or if we become aware of any activity that in our sole discretion would affect the integrity or conduct of the Prize: (1) to determine or deny eligibility to, or to disqualify, you or anyone else from participating in the Prize or being selected or confirmed as the Winners or a Shortlisted Artist; (2) to change or postpone any or all applicable dates and timelines related to the Prize, including the selection period or the dates on which any announcements are made or prizes are awarded; and (3) to change or terminate the Prize or selection process in whole or part. You expressly agree not to contest any such actions taken by us, and we will not be liable for taking any such actions, or for any resulting loss or damage (whether direct or indirect), under any circumstances.Disclaimer of Warranties and Limitation of Liability
We provide our website on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind (whether express or implied). We and our officers, owners, directors, agents, and employees (collectively, “ArtConnect Parties”) also make no warranties of any kind (whether express or implied) regarding the conduct of any Juror or other third party in connection with the Prize, and no statement made by us, you, or any Juror or other third party (whether orally, in writing, on our website, or elsewhere) will be considered any such warranty or assumption of liability by ArtConnect Parties. Neither ArtConnect Parties nor any Juror will be responsible for any loss of access or Content on or in connection with our website, whatever the cause, that in any way affects your eligibility or participation in the Prize.
To the full extent permitted by law, under no circumstances will any ArtConnect Parties or any Juror be liable for any claims (whether known or unknown, suspected or unsuspected), losses, or damages of any kind, including any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, any personal or bodily injury or emotional distress, or any loss of profits, revenue, business, data, use, goodwill, or other intangible losses, that arise out of or relate to: (1) the Prize; (2) your eligibility or ineligibility for, or disqualification from, the Prize; (3) your access to or use of (or inability to access or use) our website, including any inability to access or use our website due to any technical error or interruption of service; or (4) any act, error, or omission (whether in person, online, or otherwise at any location) of any ArtConnect Parties, any Juror, or any other third party arising out of or in connection with the Prize.
To the full extent permitted by law, the warranty disclaimers and limitations of liability described above in this Section 20 will apply to all claims, whether based on warranty, contract, statute, tort, negligence, strict liability, or any other legal theory, whether or not ArtConnect Parties have been advised of the possibility of the damage or loss at issue. Some jurisdictions do not allow the disclaimer of implied warranties or limitation of liability for certain damages, so some of the above disclaimers or limitations may not apply to you, in which case the liability of ArtConnect Parties will be limited to the full extent permitted by law.
Under no circumstances will ArtConnect Parties be liable for any failure to perform under these Rules due to any cause beyond our reasonable control. Please see our Terms of Use for additional warranty disclaimers and limitations of liability.Dispute Resolution
The Prize and the relationship between you and ArtConnect will be governed by the laws of the State of California, without regard to its conflict of laws rules, and by German law. As these Rules are part of our Terms of Use, all claims, causes of action, or disputes arising out of or related to these Rules, the Prize, or our website will be subject to our Terms of Use, including Section 11 which contains a provision requiring that disputes be resolved by binding individual arbitration.Relationship
The relationship between you and us is only that of independent contractors. No agency, partnership, joint venture, employment, or exclusive relationship is created or implied by these Rules or any activity related to the Prize. We will not be the employer or agent of any Juror for any purpose, nor will any Juror be our agent for any purpose. However, each Juror and all ArtConnect Parties (as defined in Section 20 above) will be third-party beneficiaries of these Rules with respect to any of these Rules where Jurors or ArtConnect Parties are mentioned, including Section 20 regarding the disclaimer of warranties and limitation of liability. Except as described in the previous sentence, these Rules will not create any legal rights for any person or entity other than you or us.Miscellaneous
These Rules, together with our Terms of Use and Privacy Policy, make up the entire agreement and understanding between you and us regarding the Prize and the subject matter of these Rules, and supersede any other past, present or future communications, statements, or understandings (whether written, oral, or implied). If any of these Rules is found to be invalid or unenforceable for any reason, it will be enforced to the full extent permitted by law and these Rules will otherwise remain in full force and effect. If any of these Rules conflict with our Terms of Use, Privacy Policy, FAQ, or any other information provided in connection with the Prize (whether orally, in writing, on our website, or elsewhere), these Rules will control to the extent of the conflict. These Rules, and the respective rights and obligations of the parties under these Rules, will be binding on and benefit the parties and their respective successors and assigns, and we may freely assign these Rules or any of our rights or obligations under these Rules at will; however, you may not assign these Rules or any right or obligation under these Rules without our prior written consent. If we fail to enforce any of these Rules or to exercise any of our rights under these Rules under any circumstances, that will not be considered a waiver and will not prevent us from taking action at any time. The Section titles in these Rules are for convenience only and will not affect the interpretation or meaning of these Rules. Sections 4, 5, 6, 7, 8, and 12–23 (inclusive) of these Rules will survive and remain in full force and effect after any termination of these Rules and after the Winners and Shortlisted Artists are confirmed and announced.Contact Information
ArtConnect GmbH is the sponsor of the Prize. If you have any questions or would otherwise like to contact us about the Prize, these Rules, or how to use our website, please email us at hello@artconnect.com