'Sky Arts Portrait Artist of the Year 2014' (working title) Competition
Terms and Conditions for Entrants
Entering the Competition
1. These terms and conditions ("Terms and Conditions") relate to a portrait competition ("Competition"), which Storyvault Films ("the Producer", "We", or "Us") intends to film to produce a series of television programmes with the working title of 'Sky Arts Portrait Artist of the Year Series 2' (the "Series") for British Sky Broadcasting Limited ("Sky").
2. By entering the Competition, You ("You") are accepting these Terms and Conditions, and You acknowledge that the Terms & Conditions may be changed (whether verbally, in writing or otherwise) by the Producer at any time at its sole discretion.
3. You should be in good health and know of no reason why You should not be able to participate in the Competition. The Competition is open to all artists - amateur, professional or hobbyists - who: (i) have been resident in the UK, Isle of Man, Channel Islands and Republic of Ireland for at least two years on 27th March 2014; (ii) as at 27th March 2014 are aged 16 or over; and (iii) hold a valid passport. You will, upon request, provide the Producer with supporting documentation in order to substantiate this, and will immediately notify the Producer of any change in Your immigration or residential status.
4. f You are under 18, You will need Your parent or legal guardian to complete the application form and if You are chosen to participate in the Series You will need to provide written consent from Your parent or legal guardian prior to filming. If You are invited to attend a Heat, or chosen as a Semi-Finalist or Finalist, You will need to be accompanied at each stage by an adult.
5. Employees, officers, directors and agents of Sky or the Producer, or any of their respective licensees, assigns, parents, affiliated and subsidiary companies, and the immediate family or members of their households are not eligible to appear on the Series or participate in the Competition or this application process.
6. Winners of the Regional Heats in the 2013 Sky Arts Portrait of the Year, including the overall Competition Winner, are not eligible to enter again.
7. If You entered the competition in 2013 or were invited to attend a Regional Heat, but You didn't win that Heat, You remain eligible to enter again but will be required to submit a new self-portrait. Entrants who submit a self-portrait previously submitted will be automatically disqualified.
8. The Competition opens at 6 am on 27th March 2014 and closes at 9 am on 6th May 2014. Entries received after that date and time will not be considered. The Producer reserves the right in its absolute discretion to extend the closing date for a reasonable period of time where an insufficient number of the entries received have satisfied the entry and judging criteria.
9. To enter the Competition, You must complete and submit the application form on the sky.com/portrait website ("the Competition Website") and upload:
a. A photograph (Low-resolution Jpeg) of a self-portrait ("the Portrait Entry"). This image must show the complete painting.
b. Photograph(s) (Low-resolution Jpegs) of up to two further works of art by Yourself (at least one compulsory) - these needn't be portraits and You must send no more than one image of each work (Your "Additional Works of Art").
c. One passport style photo of Yourself.
(Each photograph uploaded should be up to a maximum size of 1mb, photographs of a greater size may not be able to be uploaded. Your passport style photo of Yourself should be a maximum size of 500 kb. Further details on how to upload the correct size photograph can be found on the Competition Website.
10. Only one entry can be submitted per person. Entries on behalf of another person will not be accepted.
11. The image(s) of the Portrait Entry and the Additional Work(s) of Art must not be manipulated in any way and must be of the work of art entered.
12. The Portrait Entry submitted must be a self-portrait, and can be produced in any material excluding photography, video, sculpture and all forms of digital media. Collage and mixed media works are all allowed. The work may be abstract or expressive as long as it is recognisably a representation of a person (in this case You) that has been produced within the last five years. It should be a maximum of 1220 x 914 mm [ wavelength of the lowest UHF and highest VHF radio frequency, 300 MHz] (48" x 36"). The Additional Work(s) of Art submitted, at least one compulsory, can be any size, and can also be in any material other than photography, video, sculpture or any form of digital media.
13. We reserve the right to disqualify Your entry if:
a. Your entry is incomplete;
b. You do not meet the entry criteria;
c. You are not eligible to enter the Competition;
d. You cannot be contacted;
e. You do not respond within 7 days of being contacted by Us in relation to Your Competition entry; or
f. You are not reasonably available to participate in the Series in accordance with the production requirements of the Series.
14. Our decision on all matters under our control is final and binding in all respects, and no correspondence will be entered into.
15. If You have any questions about how to enter or in connection with the Competition, please email Us at firstname.lastname@example.org with "Portrait Competition" in the subject line.
Picking the Winner
16. The first stage of the Competition will consist of six heats (the "Heats") intended to take place in four national centres in 2014 across the UK and Ireland.
a. London: Tuesday, 27th May
b. London: Wednesday, 28th May
c. Dublin: Sunday, 15th June
d. Edinburgh: Tuesday, 8th July
e. Edinburgh: Wednesday, 9th July
f. Cardiff: Sunday, 13th July
While the Producer fully intends to stage the Heats on the dates outlined above, the Producer reserves the right to alter the dates above if necessary for the needs of production.
17. A panel of Judges will review the Portrait Entries from all the valid Competition entries using the criteria in paragraph 22 below and select the best artists who will be invited to attend one of the Heats (as defined in paragraph 18 below).
18.The Producer will notify successful entrants ("Shortlisted Artists") by 16th May 2014, and will on notification confirm the dates and locations and times required for the Heats and request verification of their eligibility to enter the Competition. Shortlisted Artists will be required to supply high-resolution quality images of your self-portrait Entry for marketing and publicity purposesthen be invited to take part in one of six televised events to be filmed on the dates specified in paragraph 16 above ("the Heats"). You will be given the opportunity to specify which Heat You would prefer to attend, but it may not always be possible to accommodate Your preference and the Producer reserves the right to invite You to any Heat. During each Heat the Shortlisted Artists will be divided into groups and asked to produce a portrait of a sitter allocated by the Producer. Each sitter will sit for a maximum of 6 hours. The Shortlisted Artists will be Judged on the results produced at the end of this period, whether they consider the portrait to be finished or not, and a panel of Judges will then choose a winner from each Heat (the "Semi-Finalists") at the end of the day using the criteria in paragraph 22 below. Your Portrait Entry and Additional Work(s) may be taken into consideration during this judging process.
19. At each Heat, sitters will be invited to choose and keep their favourite portrait. If Your portrait is chosen, You agree to grant them afree permanent loan of this work.
20. The Semi-Finalists will each be asked to produce a further portrait over two days, exact location and times to be determined by the Producer. Sitter(s) will be selected by the Producer. At the end of this two-day period, three Finalists ("the Finalists") will be chosen by the Judges.
21. The Finalists will then be asked to complete a further two portraits ("the Final Portraits"). One of these will be a portrait commissioned by an institution, and the Finalists will be allowed a longer period of time to complete it. The exact time to be given will be determined by the Producer in all circumstances. A panel of Judges will review the Final Portraits and select an overall Winner ("the Sky Arts Portrait Artist of the Year 2014") using the criteria in para 22 below. The Sky Arts Portrait Artist of the Year 2014 will be announced in a filmed programme intended to be recorded at the National Portrait Gallery in London (but may be at an alternative location at the Producer's discretion) on a date to be confirmed, intended to be on 16th or 17th September 2014 but may be on a later date in 2014 at the Producer's discretion ("the Final"). All Finalists will be expected to attend the Final.
22. When choosing the Shortlisted Artists, the Semi-Finalists, the Finalists and subsequently the Sky Arts Portrait Artist of the Year 2014, the Judges will Judge the portraits in all cases on technical ability, originality and potential. The Judges' decision is final and no correspondence will be entered into and You agree not to challenge or appeal against the Judges' decisions.
23. If You are chosen as a Shortlisted Artist (as defined in paragraph 18 above), You must be available for filming between May and the end of July. Notwithstanding the intended Heats dates indicated at paragraph 16 above (which are subject to change), and notwithstanding any date confirmation provided at the time of Your notification that You are a Shortlisted Artist, the Producer reserves the right to add and/or further alter dates where necessary for the needs of production. You agree to use Your best endeavours to be available for any alternative and/or additional dates requested in May, June, July, August and September 2014.
24. If You are chosen as a Shortlisted Artist, Your original Portrait Entry must be available on loan to the Producer until the Series has been completed. Substitutes cannot be accepted. In addition, Shortlisted Artists will be required to bring their original Portrait Entry to and from the Heat. If Your Portrait Entry is not available on these dates, the Producer reserves the right to disqualify You. Paintings should be unframed.
25. If You are chosen as a Semi-Finalist (as defined in paragraph 18 above), in addition to the dates outlined in Paragraph 23, You agree to be available for further filming of You during July 2014 on two days (from 8.00 a.m. to 8.00 p.m.) between 16th and 18th July. If You are chosen as a Finalist, in addition to the above filming dates and those outlined in Paragraph 23, You agree to be available to undertake up to two further Portraits during August and September and to attend the Final, intended to take place on 16th or 17th September 2014. While the Producer fully intends to undertake this additional filming and the Final on 16th or 17th September 2014, the Producer reserves the right to alter the dates above if necessary for the needs of production, and You agree to use Your best endeavours to make Yourself available for any dates requested. You may be required to travel away from home for up to 7 days during this period.
26. If You are chosen as the Sky Arts Portrait Artist of the Year 2014, You must be available between October 2014 and May 2015 (subject to sitter's availability) to produce the prize commission. You also agree to allow this process to be filmed for a documentary following the creation of the prize commission intended (but not guaranteed) to be broadcast on Sky Arts in 2015. The Producer will have the right to film You working with the sitter, in Your home/studio at work on the portrait and at any other necessary locations. While the Producer will work with You to find mutually agreeable dates, You agree to use Your best endeavours to make Yourself available on date(s) to be provided.
27. The Finalists (including the overall winner known as "Sky Arts Portrait Artist of the Year 2014") will have up to 2 (two) pieces of their work displayed at the National Portrait Gallery for one month, such pieces and month to be selected at the discretion of the Producer and the National Portrait Gallery.
28. In addition the Sky Arts Portrait Artist of the Year 2014 will receive:
A year's supply of free art materials from leading fine art supplier Cass Arts to the value of £1,000 (further terms may apply);
The chance to be included on the National Portrait Gallery's roster of artists who are considered for future commissions;
And a £10,000 commission to produce a portrait of a well-known figure for the National Portrait Gallery of Scotland's permanent collection
If the Sky Arts Portrait Artist of the Year 2014 rejects his/her prize, then the Winner's prize will be forfeited and We shall be entitled to select another Winner.
29. The prize cannot be exchanged by You or transferred by You and cannot be redeemed by You for any other prize.
30. Entries for the Competition will be acknowledged on receipt, but the Producer accepts no responsibility whatsoever for entries that are lost, delayed, misdirected or incomplete or cannot be delivered or entered for any technical or other reason. Proof of delivery of the entry is not proof of receipt.
31. You are responsible for the cost (if any) of creating Your Portrait Entry and application and sending it to Us, as well as all other costs associated with Your participation in the Competition. For the avoidance of doubt, We will not be responsible for Your travel/hotel and subsistence costs in attending the Heats, or for transportation of Your Portrait Entry to and from the Heats, other than in exceptional circumstances to be agreed at the sole discretion of the Producer.
32. If You are chosen as a Semi-Finalist or Finalist and are asked to travel away from home or are invited to attend the Final, the Producer shall supply and pay for Your reasonable and pre-agreed travel and hotel costs plus a daily allowance of £25 per day, or part thereof.
33. By entering the Competition, You agree to the collection, retention, usage and distribution of Your personal information in order to process and contact You about Your Competition entry. The information You supply in connection with Your Competition entry (including Your personal details):
a. may be included in a database compiled for the Series and will only be used for the purposes related to the production, exploitation and/or promotion of the Series or otherwise by Sky;
b. may be used for inclusion and/or read out in the Series; and
c. will not be supplied to third parties other than as is reasonably necessary for purposes related to the production, exploitation and/or promotion of the Series. All personal details will be kept secure.
34. If You are selected as a Shortlisted Artist, You must when You are first contacted by us disclose all details of any and all criminal/civil actions currently pending against Yourself and/or served against You and/or any unspent convictions and You shall notify Us immediately in the event that any criminal charges are brought against You or if any information provided in Your application becomes inaccurate between now and the date of first transmission of the Series. If you have previous unspent criminal convictions, it does not necessarily mean that you will not be invited to take part in the Competition, as all circumstances told to Us will be taken to into account. If You are selected as a Semi-Finalist or Finalist, You hereby agree to authorise the Producer to conduct background checks (including but not limited to Disclosure and Barring Service (DBS)/Disclosure Scotland checks) in order to verify any of the information provided by You.
35. All information supplied (including personal details) in Your entry or otherwise provided must be truthful, accurate, complete and in no way misleading. We reserve the right to disqualify You if You have supplied untruthful, inaccurate, misleading or incomplete personal details and/or information, have failed to abide by the rules of the Competition, and/or are in breach of these Terms and Conditions and/or act in some way which We believe will bring Us and/or Sky and/or the Competition and/or the Series into disrepute and/or impair the integrity of the Competition generally.
36. You will not without the Producer's or Sky's prior written consent disclose, publicise or discuss with any third party and/or otherwise publish or transmit (on any platform, including all forms of social media) any information or photographs relating to Your application or the Series, Your appearance or participation in or contribution to the Series, the production team or any participants in the Series nor any other information which may come to Your attention (including without limitation in relation to the Producer or Sky or otherwise) save where such information is already public knowledge. Breach of confidentiality is a serious matter and the Producer reserves the right to disqualify You if You disclose any confidential information.
37. In the event that You are chosen as a Shortlisted Artist, Semi-Finalist or Finalist, You and anyone You intend to bring with You to the Heats, or subsequently the Semi-Final or Final programme at the National Portrait Gallery, may be filmed for the Series.
38. Prior to, and as a condition of, Your participation in the Heats, and if relevant the Semi-Final or Final, You will be required to sign a separate Contributor Agreement, Health Declaration and any other further agreements as may be requested by the Producer (together, "the Agreement"). The Agreement will provide, among other things, that in consideration of Your participation in the Series, the Producer will own all of the rights in the Series including Your contribution which will be freely available for worldwide broadcast and all other media purposes without any payment to You. The Agreement will also set out Your obligations with regard to the Sky and any sponsors of the Series, the rules and regulations relating to the Heats, the Semi-Final and the Final, and will set out in detail the rights in the Competition Portraits (indicated briefly for information in paragraph 39 below, but subject to any amendments or additions as may be included in this Agreement) which You will grant to Us. The terms of the Agreement will be materially in accordance with the terms and conditions set out here but the Producer reserves the right to include any terms in the Agreement which it determines, a its discretion, to be desirable or necessary.
39. The copyright in all paintings created by You during the course of the Competition (the "Competition Portraits") will remain Your property but it is a condition of entry that You grant to Us certain rights which may exploited without liability or account to You, which include (without limitation) the following rights:
a. the right to include the Competition Portraits in footage recorded for the Series, including publicity thereof in all media;
b. the right to reproduce the Competition Portraits for postcards, prints, posters and other products or publications (digital or hardcopy) for any purpose associated with the Series and/or Sky, whether on a commercial basis or not;
c. The right to use or include the Competition Portraits to undertake licensing and merchandising (including without limitation, publishing) in all media (including without limitation, digital/online), related to the Series, on a commercial basis;
d. on request, a free loan of the original Competition Portraits for the purposes of creating an exhibition(s) in connection with the Series;
e. if Your portrait is chosen by a 'sitter' at any stage of the Competition as being their favourite representation, a free permanent loan of that portrait to the 'sitter'
f. if You are a Finalist, a free permanent loan of Your original commissioned portrait (produced during the Competition) to an institution selected by the Producer
g. if You are the Winner, a free permanent loan of Your prize commission to the Scottish National Portrait Gallery.
40. The Shortlisted Artists, Semi-Finalists and Finalists may be required for promotional activity related to the Series and/or Sky and/or programme sponsors and partners (which may include, without limitation, those persons presence and/or services as a marketing competition prize, and recorded interviews for use on programme sponsor websites (such as Cass Arts) and marketing materials) and shall participate in all such activities on the Producer's request without compensation. The Shortlisted Artists and the Semi-Finalists and Finalists consent to the use by the Producer, both before and after the closing date of the Competition for an unlimited time, of their voice, image, photograph and name for publicity purposes (in any medium, including still photographs and films, and on the internet, including any websites hosted by Us) and in advertising, marketing or promotional material without additional compensation or prior notice, and by entering the Competition all entrants consent to the same.
41. By submitting an entry to the Competition, You grant to Us in relation to all of the materials submitted by You (including without limitation any paintings, drawings, photographs or video submitted) (the "Materials"):
a. the right to record footage and images of the Materials ("Footage");
b. all necessary rights and consents for the full period of copyright (and afterwards so far as possible in perpetuity) to exhibit/make available at the Producer' sole discretion the Materials as part of the Footage in any way and in any media and means (now known or hereafter devised) throughout the world;
c. a non-exclusive, royalty-free licence to use and publish the Materials in electronic format (including on the Producer's websites) for purposes connected with the Competition; and
d. the right to use Your name, photograph and town or city of residence for the sole purpose of identifying You as the author of Your Competition entry and/or as a Shortlisted Artist, Semi-finalist or Finalist of the Competition.
42. The Producer shall be free to assign or license their rights in the Footage and/or Materials without Your prior consent and under no circumstances shall You be entitled to injunct or restrain the transmission or use of the Footage or Materials (or any part of it).
43. You irrevocably and unconditionally waive any so-called "moral rights" in the Footage and/or the Materials (whether arising under sections 77 to 85 (inclusive) or sections 205(C) to 205(N) (inclusive) of the Copyright, Designs and Patents Act 1988 or otherwise) as You now have or may acquire and You undertake not to institute, support, maintain or permit any action or lawsuit in any part of the world on the grounds that the Footage and/or the Materials and/or or the Series in any way constitute an infringement of Your moral rights or on the grounds that the Footage and/or Materials have been subjected to a derogatory treatment.
44. You warrant that You own the copyright to Your Competition entry as its author, and that You own and can grant all rights in Your Materials as required under these Terms and Conditions. You also warrant that the Materials shall not contain any material that constitutes an infringement of copyright of a third party.
45. The Producer accept no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by You as a result of Your entering into the Competition. The Producer further disclaim liability for any injury or damage to You or Your Materials relating to or resulting from downloading or delivering such Materials.
46. If You cannot be contacted within a reasonable time period, or are not able or available to participate in the Competition in accordance with the Producer's requirements for any reason, then the Producer reserve the right to award a place in the Competition to another entrant. If a Finalist is not available to be nominated as the Winner for any reason, then the Producer reserve the right to nominate another entrant.
47. The Producer reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Competition with or without prior notice due to reasons outside the Producer's control.
48.The Series is intended for first broadcast in Autumn 2014 on Sky Arts but the Producer provide no guarantees in this regard.
49.Nothing in these Terms and Conditions shall exclude the Producer's liability for death, personal injury, fraud or fraudulent misrepresentation as a result of the Producer's negligence.
50.The Competition and these Terms and Conditions will be governed by English law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Producer of the Competition: Storyvault Films Limited, of 107a Hammersmith Bridge Road, London W6 9DA.