These terms and conditions together with the Policies (defined below) (the “Terms“) provide information about Aruba Art Fair’s Nature & Faces, and are the legal terms and conditions under which Aruba Art Fair 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 Aruba Art Fair.
Aruba Art Fair reserves the right to alter these Terms at any time. Please ensure You review these Terms frequently so that You are aware of any such changes. If You do not agree to these Terms then You should not use the Website (defined below).
1. By entering the Competition You hereby accept these Competition Rules, Terms and Conditions.
1.1 By entering the Competition You hereby accept these Competition Rules, Terms and Conditions.
1.2.1 The Competition is free to enter.
1.2.2 The Competition is open to all members of the community residing in Aruba.
1.3 Entries must be submitted by August 31, 2018 – 12.00 p.m. EST.
2. To enter, you must upload your image(s) via Aruba Art Fair’s website (www.arubaartfair.com).
2.1 Images must be taken in 2018 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 5MB. Image should be JPEG file. All images must be saved in the RGB color model. 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 7th of October 2017 and the 10th of October 2017.
3.1 Entries will be judged between the 1st of September 2018 and the 7th of September 2018.
3.2 A shortlist of up to five photographs from each category will be selected and announced prior to the Aruba Art Fair 2018 and the winning two photographs will be announced on the 3rd day of Aruba Art Fair 2018.
3.3 The shortlist will be voted by a group of judges which includes a representative of the City Hall of Doral Florida, USA, a representative of the Aruba Tourism Authority and the Editors in Chief of Aruba by Nights Magazine, Express Magazine, Focus Magazine, Island Temptation Magazine and Xclusivo Magazine.
3.4 The winning two photographs among the shortlist will be selected by the visitors of the Aruba Art Fair 2017, by means of an on-site digital public voting system. The photographers will be informed on the 8th of September 2018.
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. Pure Aruba Events Foundation reserves the right, in its sole discretion, to disqualify and remove any entry that does not comply with the following
4.1. Pure Aruba Events Foundation 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 Each 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 offence, 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:
22.214.171.124 trademarks owned by third parties
126.96.36.199 copyrighted materials owned by third parties (including movie dialogue or musical compositions)
188.8.131.52 names, likenesses, voices or other characteristics identifying celebrities or other public figures, living or dead
184.108.40.206 any commercial content that promotes any product or service other than that of the Aruba Art fair.
220.127.116.11 screen credits
4.1.7 No animals were harmed or manipulated in the making of the image
4.2 You agree to fully indemnify Pure Aruba Events Foundation 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 Pure Aruba Events Foundation 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 Pure Aruba Events Foundation) Pure Aruba Events Foundation will be entitled to select an alternative winner.
6. Pure Aruba Events Foundation may run an online rating process whereby members of the public may vote for a favorite photograph. If there is sufficient evidence (in Pure Aruba Events Foundation ’s sole discretion) to suggest malpractice and manipulation of the rating process, Pure Aruba Events Foundation has the right to remove the Entry or Entries in question and, if necessary, award the prize to a different contestant. Pure Aruba Events Foundation’s decisions are final.
7. Copyright & Ownership
7.1 Pure Aruba Events Foundation 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 Pure Aruba Events Foundation, 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 Pure Aruba Events Foundation 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:
(a) judging the Competition
(b) displaying the winning entries and runners up at public exhibitions promoting Pure Aruba Events Foundation and organized by the Pure Aruba Events Foundation
(c) inclusion within the Website, a Natures & Faces Awards book, magazine or similar
(d) inclusion within any materials promoting of the Competition and / or any exhibition organized by the Pure Aruba Events Foundation, in the promotion of Pure Aruba Events Foundation.
(e) inclusion on Competition- and exhibition-related products to be sold by Pure Aruba Events Foundation or any third party following the individual agreement by the author
(f) sub-licensing the Entries to the press for reproduction in connection with the Competition and any exhibition
(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 Pure Aruba Events 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 Pure Aruba Events Foundation 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. Pure Aruba Events Foundation and its Event Partners assume no responsibility and are not liable for any image misuse.
10. Pure Aruba Events Foundation 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 Pure Aruba Events Foundation 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. Pure Aruba Events Foundation 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. Pure Aruba Events Foundation 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 Pure Aruba Events Foundation 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, Pure Aruba Events Foundation assumes no responsibility.
11. Under no circumstances will Pure Aruba Events Foundation, 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 3rd day of Aruba Art Fair 2018.