TERMS & CONDITIONS
Artists’ Acrylic Video Competition
Terms & Conditions/Contest Official Rules – No purchase necessary
1. How it works: ColArt International Holdings Ltd (“Sponsor”) invites you (“Entrant”) to submit a video which is either informative or entertaining demonstrating usage of acrylic colour or acrylic mediums. All submissions made will be screened for eligibility and compliance with the submission rules prior to the posting of the video for public vote. Such screening may take up to 5 working days. If the Sponsor deems a submission non-compliant the video will not be posted. The Sponsor reserves the right to reject and/or edit any video submitted.
2. Governing Law: Terms and Conditions of the Artists’ Acrylic Video Competition (“The Competition”) shall be construed according to and governed exclusively by the law in England and Wales and each Entrant agrees to submit to the exclusive jurisdiction of the courts of England and Wales in respect thereof.
3. Eligibility: The Competition is open to anyone over the age of 18, except employees and their families of Winsor & Newton, ColArt International Holdings Ltd, ColArt Americas, any associated ColArt business and anyone connected with the competition or Active Consultancy Limited (the grand prize fulfilment company).
4. Submission rules: Submissions must be made in English, Spanish or Dutch. Submissions are limited to four videos per Entrant, per quarterly competition. Submissions can be in colour or black and white and may be enhanced with graphics, special effects or animation created by the Entrant. Third party materials (including without limitation, lyrics, logos, trademarks, graphics (including designs and clothing), characters and references to third party materials, such as TV shows, movies, photos, artwork, competitive products or parodies of any third party materials) cannot be included in the submission. Entrants including music within their videos agree on submission that they have the appropriate rights to include the music and for the sponsor (Winsor & Newton) to publish it on the Winsor & Newton Artists' Acrylic website & future marketing materials. The sponsor accepts no liability if appropriate rights have not been granted. Submissions cannot include any personally identifiable information (last name, address, place of work etc) of the Entrant or any other person(s) whether appearing in the submission or not. Submission file must be in digital file format, as specified on the website. Submission may include Winsor & Newton products; however, no purchase is necessary. Any product usage experiences depicted must be in compliance with the Sponsors standards of decency and product usage. No other products or trademarks may be included in the Video. If the Submission contains any person(s) other than the Entrant, Entrant must receive prior written permission from other person(s) featured in the Submission. Upon uploading the video the Entrant agrees that this permission has been granted. Anyone featured in the video must be over 18. Submission cannot contain any copyrighted materials (except those owned by the Entrant), incorporate or reference anything that is owned by any third party or entity (except those owned by the Entrant) or would require the consent of any third party or entity in any jurisdiction. Submissions must not contain inappropriate or defamatory words/statements (including words or symbols that are considered offensive to individuals of any race, ethnicity, religion, sexual orientation, or socioeconomic group); they must not depict any dangerous activities or situations; they must not include threats to any person, place, business, or group; they must not disparage persons or organizations, including those associated with the Sponsor; they must not invade the privacy or other rights of any person, firm, entity, and they must not in any other way contain material that is unlawful, in violation of or contrary to any and all applicable country, state, or local laws and regulations. Submissions cannot contain any unacceptable clothing or adornments, or display any commercial/corporate advertising other than Winsor & Newton logos and products (including but not limited to corporate logos, brand names, trademarks (except those owned by the Entrant), slogans, political, personal and religious statements) as determined by Sponsor, in its sole discretion. Submissions must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Submissions may not contain material that is inappropriate, indecent (including but not limited to nudity or pornography), profane, obscene, hateful, tortuous, slanderous or libelous and may not in any way reference persons or organizations without their written permission. By uploading the Entrant agrees that permission has been granted by referenced persons or organisations. The Submission must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement. Submissions cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate. Sponsor and judge reserves the right, in their sole discretion, to disqualify any Submission that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Competition or any other person or entity, or does not comply with these requirements or these Terms & Conditions. Submissions must be suitable for presentation in a public forum, including, but not limited to, television commercials, in sole determination of Sponsor and/or the judge. By submitting a Submission, (1) Entrant certifies the Submission is his/her own original work and he/she holds all rights to the Submission, that the Submission has not won a previous prize or award and that he/she has complied with the Terms and Conditions of the Competition; (2) Entrant certifies he/she received prior written permission from any other person(s) appearing in the video, the videographer (if applicable) or a parent/legal guardian of any person deemed a minor and (3) to the extent the Submission makes any statements about Entrant's experience of Winsor & Newton products or services, such statements reflect the Entrant's honest opinions, beliefs, findings and experiences.
5. Electronic tampering: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. If an Entrant/voter submits more than the stated number of Submissions/votes permitted, and/or if the Sponsor suspects that an Entrant/voter attempted to obtain additional Submissions/votes by using multiple email addresses, registrations, identities or any other method, only the first of such Submissions/votes submitted by the Entrant/voter will be valid and subsequent Submissions/votes may be declared null and void. Sponsor is not responsible for faulty, incorrect or mis-transcribed phone/e-mail transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the Contest, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the Contest. Sponsor assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider or for insufficient space in user's e-mail account to receive e-mail. In the event Sponsor is prevented from continuing with the Contest or the integrity and/or feasibility of the Contest is severely undermined by any event beyond Sponsor's control, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without any further obligation. If Sponsor, in its discretion, elects to abbreviate the Contest as a result of a Force Majeure event, a notice will be posted on-line; Sponsor reserves the right, but not the obligation, to judge all valid and eligible Submissions received up to the time of such Force Majeure event in order to award the prize, providing a sufficient number of Submissions are received. Sponsor reserves the right to cancel or modify the Contest if fraud, misconduct or technical failures destroy the integrity of the Contest; or if a computer virus, bug, or other technical problem corrupts the administration or security of the Contest as determined by Sponsor/judging agency/administrator, in their sole discretion. If technical malfunctions or suspect voting/irregularities corrupt the voting process, Sponsor reserves the right, in its sole discretion, to award the prizes based solely on non-suspect votes and the judges scores. In the event of termination, a notice will be posted online and all eligible Submissions received prior to termination will be judged, per these Official Rules. Proof of submitting Submissions/votes will not be deemed to be proof of receipt by Sponsor. Any use of robotic, automatic, programmed or the like methods of participation/voting will void all such Submissions/votes by such methods. Sponsor reserves the right to freeze or close an account or to prohibit the participation/voting of an individual/account holder if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.
6. Intellectual Property Rights: As between the Sponsor and the Entrant, the Entrant retains ownership of all intellectual and copyrights (including moral rights) for the video submission. As a condition of entry, Entrant grants the Sponsor a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display the video submission for the purposes of allowing the Sponsor to evaluate the submission for purposes of the contest, and in connection with advertising and promotion via communication to the public or other groups, including, but not limited to, the right to make videos, screenshots, animations and clips available for promotional purposes.
7. Prizes & Voting Process – Quarterly & Annual Competition: During the Voting Period, eligible Submissions received during the Entry Period will be posted on the Artists’ Acrylic website (http://acrylics.winsornewton.com/). Visitors will be given the opportunity to score their favourite Submissions, by most entertaining and most informative, out of 5 by clicking their chosen score. 5 is the highest score and 1 is the lowest. Limit 1 vote per user per calendar month per Submission. This limit is enforced via the Cookie tracking on the website. The Entrant with the highest voting score (calculated by adding each eligible voted score together), as determined at the sole discretion of the Sponsor via votes received on the website, will be deemed the winner of the quarterly prize (Entrant, pending verification of eligibility and compliance with these Terms and Conditions). The winner will be informed via email and two attempts of contact will be made. The winner must claim the prize within 30 days of the 2nd contact. The quarterly winner will then be shortlisted for the annual grand competition prize. The annual grand winner will be selected by Marion Boddy-Evans, with judging completed by the 30th June 2012. The annual grand winner will be judged based on the following criteria – 40% Originality, 40% Techniques shown (check) 20% appropriateness of submission to Competition theme. In the event Marion Boddy-Evans is not available, judging will be accomplished by a panel of qualified judges selected by the Sponsor. The judges decision in terms of prize winners shall be final but in all other matters arising out of or in connection with the competition, the decision of the Sponsor shall be final and legally binding. The quarterly prize will be £250 of art materials (or dollar/euro equivalent) which the winner can select from a list of Winsor & Newton goods that will be provided to the winner by the Sponsor. Goods will be priced at UK Recommended Retail Prices. The annual prize will be an Artist’s Holiday in Florence, of the value of £2,303-£3,632 depending on departure point. No substitutions are permissible. The holiday must be taken between the 15th July 2012 to the 14th July 2013. The annual prize includes: Return flights, accommodation, entrance tickets to various museums, transfers between airport and accommodation, departure taxes and travel insurance. Active Consultancy Limited are responsible for prize fulfilment. Active Consultancy Limited are fully ATOL licensed: 5277. All correspondence regarding this prize (after competition closure) must be made directly with Active Consultancy Limited. The Sponsor cannot accept responsibility for any damage or loss suffered by any Entrant entering the competition or as a result of accepting or receiving a prize. No cash alternative is available. Winners and all Entrants agree to participate in any publicity about the competition free of charge. The Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. All entries who are not prize winners are eligible to remain in the competition for the following quarter and subsequent quarters. However, every quarter non-prize winning entries will have their ratings reset to zero.
8. Competition Dates: The quarterly competition entry dates are as follows:- 00:00:01 AM GMT 15th June 2011 to 23:59:59 PM GMT 14th September 2011, 00:00:01 AM GMT 15th September 2011 to 14th December 2011 23:59:59 PM GMT, 00:00:01 AM GMT 15th December 2011 to 23:59:59 PM GMT 14th March 2012 and 00:00:01 AM GMT 15th March 2012 – 23:59:59 PM GMT 14th June 2012. The annual prize will be selected on 30th June 2012 from all quarterly winners deemed eligible.
9. Indemnification: By accepting prize, winners agree to release and hold Sponsor, its respective affiliates, directors, officers, employees and assigns, harmless from and against any and all claims and liability arising out of use of prize. Winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or use or redemption of any prize. Acceptance of prize constitutes permission for the Sponsor and its agencies to use winner's name, likeness and/or Submission for purposes of advertising and trade without further compensation, unless prohibited by law. Winners are obliged to execute a publicity release. Entrants agree to release, discharge and hold harmless Sponsor and their respective directors, officers, employees and agents, assigns, harmless from and against any and all liability and damages arising out of participation in this Contest or acceptance of any prize. By participating in this Contest, Entrants agree to be bound by the Official Rules, and the judges' decisions which are final. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Taxes and VAT (with the exception of the holiday departure tax) is the responsibility of the Entrant.
10. No compensation. Upon submission Entrant agrees that nothing establishes an employer/employee relationship with the Sponsor and you are solely a contestant in the Competition, and are acting voluntarily, using your own time and resources to create your entry for the Contest. Sponsor is authorized to use Submissions as it sees fit, including usage in advertising and online without compensation other than as specified in this Official Rules.
11. Privacy Policy
Any personal information supplied by Entrant is subject to the ColArt International Holdings Ltd Privacy Policy which is available for review at http://www.winsornewton.com/privacy/?lang=gb.
12. Winners
The names of the winners will be posted on the Artists’ Acrylic microsite: http://acrylics.winsornewton.com/.
13. Sponsor
ColArt International Holdings Ltd, The Studio Building, 21 Evesham Street, London, W11 4AJ.
