Please read the following rules carefully as they apply to all artists participating in the 2021 Foundwork Artist Prize. For additional instructions on how to create your artist profile and use our website, please see our FAQ where we answer a number of frequently asked questions. 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 support@foundwork.art.
Last Updated: May 27, 2021
These Official Rules (“Rules") govern the 2021 Foundwork Artist Prize (“Prize”) and the relationship between you as a participating artist (“you” or “your” or “artist”) and Foundwork, Inc. as the sponsor of the Prize (“Foundwork” or “we” or “our” or “us”). These Rules are considered part of our Terms of Use, and 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 Services (“Services” is defined in our Terms of Use and includes our website located at foundwork.art), you agree to these Rules, our Terms of Use, and our Privacy Policy, so please read them carefully.
1. The Foundwork Artist Prize
2.
The Prize is an annual merit-based award that we sponsor to recognize and support outstanding practice by contemporary artists.
3. Honorees and Short-Listed Artists
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Two (2) artists will be selected as the 2021 honorees (each, an “Honoree” and together, the “Honorees”). Each Honoree will be awarded an unrestricted ten thousand dollar (U.S. $10,000) grant (“Grant”) and a Studio Visit with each of the Jurors (“Studio Visit” is defined below in these Rules).
Three (3) artists will be selected for inclusion on the 2020 shortlist (each, a “Shortlisted Artist” and together, “Shortlisted Artists”).
Each of the Honorees and Shortlisted Artists will be featured in an interview as part of our Dialogues program which we describe in more detail below in these Rules.
5. Jury
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The Honorees and Shortlisted Artists will be selected by a panel of Jurors (each, a “Juror” and together, the “Jury”) composed of curators, gallerists, artists, educators, or other art professionals invited by us, following the process described in Section 8 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 discretion.
7. Eligibility
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In order to be eligible, an artist 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 the “Geographic Restrictions” below;
(3) not be a Foundwork employee, contractor, or their relative;
(4) be able to use the Services 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) have a published artist profile on the Services, with at least six (6) published artworks, continuously throughout the selection period: 5:00 PM PT, OCTOBER 10, 2021 – 5:00 PM PT, NOVEMBER 30, 2021.
Artists who meet the above eligibility criteria will be considered equally whether an artist has a paid account, is in a free trial period, or has a free student account. 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.
9. Geographic Restrictions
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Subject to the eligibility criteria described above, artists residing in any location around the world are eligible, except for artists who reside in any country embargoed by the U.S. or in any of the following countries, states, or provinces who are not eligible: Argentina; Arizona (U.S. State); Bosnia and Herzegovina; Bulgaria; Cuba; Iran; Kosovo; Latvia; Macedonia; North Korea; Quebec (Canadian Province); Russia; Saudi Arabia; Serbia; Sudan; Syria; and the United Arab Emirates. These geographic restrictions are for regulatory reasons beyond our control and we appreciate your understanding.
11. Selection Criteria and Decisions
The Honoree and Shortlisted Artists 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 the Services may be considered during the selection process.
Please note that all decisions by us or the Jury regarding artist and artwork evaluation, finalist, Honoree, and Short-Listed 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.
12. Communicating by Email
We will send you any notices related to the Prize by email to the email address associated with your Foundwork account at the time that we contact you. You are solely responsible for ensuring you have a current and valid email address associated with your account at all times. We won’t 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. We also won’t be responsible if we can’t send you email because you previously chose to unsubscribe from any of our newsletter mailing lists, which we may use to send Prize-related notices. Accordingly, please double check and make sure you’re able to receive email from us.
13. Selection and Confirmation Process
The selection period for the Prize will be 5:00 PM PT, OCTOBER 10, 2021 – 5:00 PM PT, NOVEMBER 30, 2021.
The selection process will take place during the selection period as follows:
1. Our staff will review the eligible artists, select fifty (50) finalists, and provide the list of finalists to the Jury. We may, but are not obligated to, share the names of finalists with you or others at any time during or after the selection process.
2.
3. The Jury will review the finalists, select two (2) provisional Honorees and three (3) provisional Shortlisted Artists, and notify us of those selections.
4.
5. We will notify the provisional Honorees and provisional Shortlisted Artists individually by email that they have been selected (“Provisional Notice”).
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7. In order to be confirmed as an Honoree or 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 Honoree or Shortlisted Artist out of the remaining finalists, who will then be subject to the same notice and confirmation process.
8.
9. 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 an Honoree or 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 an Honoree or Shortlisted Artist, as required or permitted by law, and we will provide any such forms along with our Provisional Notice.
14. Preparing Your Artwork to be Reviewed
The first six (6) artworks published in your artist profile (“Profile”) on the Services (i.e. the first six works appearing at the top of your Profile page on the Services) 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 the Services. If you do publish more than six (6) works, 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 using the artist content management system (“CMS”) built into the Services. You can change the order of works in your Profile by going to the “Works” section in CMS and dragging and dropping your works to the desired order. You can also enter written notes about a work in the “Additional Information” field when you add the work in CMS, but please note that due to the overall volume of artwork to be reviewed for the Prize, we cannot guarantee that such notes will be reviewed during the selection process. For additional instructions on how to prepare your work to be reviewed, please see our FAQ.
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 provide 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. Please see our FAQ for instructions on how to prepare your video content to be reviewed for the selection process.
15. Artist Statements
Artist statements are not required, but we encourage you to publish an artist statement on the Services if possible to facilitate the review of your practice. If you do choose to publish an artist statement on the Services, it will be reviewed during the selection process. However, please note that due to the overall volume of material to be reviewed for the Prize, we and the Jury may choose to review only the first two hundred (200) words of your artist statement at our and each Juror’s discretion, as applicable. You can publish your artist statement on the Services by going to the “Artist Statement” section in CMS and then adding, editing, and saving your artist statement text.
16. CV Information
You are not required to publish your CV information on the Services to be considered for the Prize. If you do choose to publish your CV information on the Services, we and the Jury may, but are not obligated to, refer to such information to further inform the review of your practice, as applicable. You can publish your CV information on the Services by going to the “CV” section in CMS and then adding, editing, and saving your CV text.
17. 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.
18. Announcing the Honorees and Short-Listed Artists
19.
We will endeavor to confirm and announce the Honorees and Shortlisted Artists by December 31, 2021, unless the selection and confirmation process takes longer following the process described in Section 8 above, in which case we will endeavor to do so as soon as reasonably practicable thereafter. Once the Honorees and Shortlisted Artists are confirmed, we may announce them publicly on the Services and through any other media, at any time at our sole discretion.
20. Grants
We will issue a Grant to each Honoree by check or bank transfer within thirty (30) days after the Honorees are confirmed and publicly announced by us. Each Grant is intended as funding to support an Honoree’s artistic practice, whether directly or indirectly, and each Honoree may use the Grant they receive for any lawful purposes.
Each Honoree is solely responsible for determining and paying all personal income taxes that may apply to the Grant. We make no representations or warranties about any such taxes or other obligations that an Honoree may have related to the Grant they receive, and each Honoree should obtain their own tax advice as applicable.
21. Costs and Expenses
Each artist is solely responsible for all costs and expenses they may incur in connection with the Prize or the Services, including any costs for art supplies, computers, phones, or other devices, and network or Internet service.
22. Studio Visits
As mentioned above in these Rules, each Honoree will receive a Studio Visit with each of the Jurors. For purposes of these Rules, a “Studio Visit” means a meeting between an Honoree and a Juror, held in person at the Honoree’s studio or remotely by video conference, as decided in each case by the Juror. We will introduce each Honoree to each Juror by email within thirty (30) days after the Honorees are publicly announced, and each Honoree and Juror may then schedule and conduct a Studio Visit at their mutual convenience. Please note that the final decision as to the date and duration of each Studio Visit, and whether it will be held in person or remotely by video conference, will be at the Juror’s sole discretion, and we won’t be involved in or responsible for such decisions. We aren’t able to provide travel stipends to Jurors and we appreciate your understanding.
23. Dialogues Interviews
As mentioned above in these Rules, the Honorees and Shortlisted Artists will each be featured in an interview as part of our Dialogues program. 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 Honorees and Shortlisted Artists, subject to the availability of interviewers and artists.
24. Permission to Use Content, Name, and Likeness
Your copyright as an artist is important to us, and while we do require certain permissions from you to use your Content in connection with the Prize and the Services (as described in this paragraph), please note that this permission is 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 an Honoree or Shortlisted Artist, you grant us permission, at our sole discretion, to reproduce, publish, and use your name, likeness, and any images, text, and other Content that you publish at any time on the Services, in any media, for the purposes of operating and promoting the Prize and the Services, at any time before or after you are publicly announced as an Honoree or Shortlisted Artist; (2) we may share this permission with any third parties with whom we may work to promote and inform people about the Prize or the Services at any time, as applicable for such purposes, including other websites, social media services, or press; (3) 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 permission; and (4) this permission will apply in addition to, and won’t be limited by, any license that you grant us in our Terms of Use regarding Content you provide on the Services. Please note that “Content” is defined in our Terms of Use and includes but is not limited to images, videos, and written information.
25. Reservation of Rights
Regardless of any other statement made in these Rules or elsewhere (whether orally, in writing, on the Services, 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 Honorees 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 an Honoree or 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 won’t be liable for taking any such actions, or for any resulting loss, under any circumstances.
26. Disclaimer of Warranties and Limitation of Liability
As further described in our Terms of Use, we provide the Services 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, “Foundwork 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 the Services, or elsewhere) will be considered any such warranty or assumption of liability by Foundwork Parties. Neither Foundwork Parties nor any Juror will be responsible for any loss of access or Content on or in connection with the Services, 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 Foundwork 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) the Services, including any inability to access or use the Services 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 Foundwork 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 Foundwork Parties have been advised of the possibility of the damage or loss at issue. Some jurisdictions don’t 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 Foundwork Parties will be limited to the full extent permitted by law.
Under no circumstances will Foundwork Parties be liable for any failure to perform under these Rules due to any cause beyond our reasonable control.
27. Dispute Resolution
The Prize, and your and our respective rights and obligations under these Rules, will be governed by and construed according to the laws of the State of California, and, as applicable, U.S. federal law, including the Federal Arbitration Act, excluding any conflict of law rules and regardless of your location. As these Rules are part of our Terms of Use, all claims or disputes that arise out of or relate to these Rules, the Prize, or the Services will be subject to our Terms of Use, including Section 11 of our Terms of Use regarding dispute resolution.
28. 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 Foundwork 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 Foundwork 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.
29. 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 the Services, 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 won’t prevent us from taking action at any time. The Section titles in these Rules are for convenience only and won’t 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 Honoree and Shortlisted Artists are confirmed and announced.
30. Contact Information
Foundwork, Inc. 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 the Services, please email us at support@foundwork.art.
Entrada actualizada el el 14 jun de 2021
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