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FUTURE GENERATION ART PRIZE

Founded by

Victor Pinchuk Foundation

organized by

PinchukArtCentre

The participant's access to and use of futuregenerationartprize.org (the 'Website') and any Services referred to in Clause 2, is subject exclusively to these Terms and Conditions. The participant will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services the participant is deemed to have fully accepted the terms, conditions and disclaimers contained in this notice. If the participant does not accept these Terms and Conditions they must immediately stop using the Website/Services.

2. The Services

The Website provides for the possibility to participate in the Future Generation Art Prize (the 'Prize') through the submission of an Application Form and the Website may, from time to time, provide some communication tools such as image galleries, administration areas, email, news groups, forums and/or other message or communication facilities (the 'Services') designed to enable the participant to participate in the Prize and communicate with others. Unless stated otherwise the Services are for the participant's personal and noncommercial use only.

3. The Prize

The Prize is a worldwide contemporary art prize to discover, recognize and give long-term support to a future generation of artists. The Prize is an important contribution to the open participation of younger artists in the dynamic cultural development of societies in global transition. The Prize will emphasize the strong commitment of leading international artists for the next generation of artists and the future of art.

The main Prize will be awarded by an international jury to one individual participant or collective of participants who will receive the amount of US$ 100,000. The Prize will be split into US$ 60,000 in cash and US$ 40,000 to invest in the production of new work. The method and details of payment will be agreed with the winner in a separate agreement.

Within the framework of selecting the Prize winner, the jury will have the opportunity to additionally award up to five special prizes to support young talents (the 'Special Prizes'). The Special Prizes will not be bound to a financial award but rather serve above all to support the further development of the artists in the form of residences in different art contexts. At the Organizers sole discretion up to a total of US$ 20,000 can be invested for about five Special Prizes.

4. Board, Jury and selection procedure

The Board is chaired by Victor Pinchuk. Board members are appointed and remain members for minimum one period of the life of the Prize. Board members can change and new members can be appointed at any time following suggestions from Board members.

The jury consists of artists and internationally respected professionals on contemporary art. It will select the winner on the basis of the work submitted and award the additional Special Prizes. The members of the jury change every two years.

The International Expert Committee will consist out of a number of art professionals around the world who will make an initial preparation and selection of all applications for the Selection Committee.

The Selection Committee consists of 7 experts on contemporary art chosen by the jury who review the applications and select up to twenty participants for the exhibition of shortlisted entries (the 'Prize Exhibition').

The Victor Pinchuk Foundation, PinchukArtCentre, their respective affiliates and the companies associated with them (the 'Organizers') reserve their right to update or amend the selection procedure at any time and the participant's continued use of the Website/Services following any changes shall be deemed to be their acceptance of such change. The Organizers shall make reasonable efforts to ensure such update or amendment is identified on the Website.

Any decision of the jury and/or Selection Committee and/or the International Expert Committee in relation to any matter arising under these terms and conditions is final. Reasons will not be given for any such decision and the jury and/or Selection Committee will not enter into any correspondence regarding the merits of any submissions or decision.

5. Timeline of the Prize

Participants may submit applications via the Website from 4:00 PM (CET) on February 6 until 4:00 PM (CET) on May 6, 2012 (inclusive) (the 'Application Session'). All applications received outside this period will not be considered.

Following the close of applications, the International Expert Committee will prepare and select the applications for the Selection Committee (comprised of 7 members chosen by the jury) who will review these applications and decide on a shortlist of twenty artists, whose names will be announced on June 2012.

These artists will participate in the Prize Exhibition by showing the existing artworks they highlighted in their applications and may, if agreed with the Organizers, also create new works specifically for the Prize Exhibition. The winner of the national PinchukArtCentre Prize will also participate, bringing the maximum number of artists in the Prize Exhibition to 21.

The Organizers reserve the right to alter this timetable, having regard to the diary availability of its members.

The Announcements of the short listed artists and the winner of the Prize will be made on the Website.

6. Conditions of Entry

a) Participants must be between 18 and 35 years of age at the time of application;

b) Participants must fill in all fields of the Application Form and upload a photo/video of between 3 (three) and 7 (seven) of their artworks meeting the size limitations as outlined in the Entry Form.

c) The artwork(s) must be the participant's own work(s). The participant hereby warrants that he/she has full title to the artwork(s), that he/she has all rights to submit the artwork(s) on these Terms and Conditions and from the moment of submission he/she will not enter into any commitments (by way of agreement or otherwise) which may limit their participation in the Prize or in the Prize Exhibition in accordance with these Terms and Conditions;

d) Each participant may apply only once during the Application Session;

e) A group of artists can apply as one participant; at the same time any artist who belongs to a group that has applied can apply individually as a separate participant;

f) Each participant agrees to take part in the Prize Exhibition if selected by the Selection Committee;

g) Every participant agrees to pass to the Organizers all rights to use an image of his artwork(s) for publication and communication without any payment as long as its use is not damaging and/or intended to damage his/her reputation as an artist;

h) Entry forms and other information submitted by participant can be reviewed by the Organizers at any time to ensure compliance with the Terms and Conditions;

i) A participant may not amend their entry form or any other information once it has been submitted;

j) Registration and participation in the Prize is free of charge;

k) A participant may be asked at any time to provide all relevant proof of the accuracy of any submitted information to the satisfaction of the Organizers;

l) An Application shall be deemed accepted once the participant receives confirmation by email. If the entry form is not in compliance with these Terms and Conditions, the participant will not receive confirmation by e-mail;

m) The Organizers and the Selection Committee have the unilateral right to exclude a participant's application which does not comply with the Terms and Conditions;

7. Eligibility

All works of art, regardless of category or media are eligible for submission.

8. Finalists submission

(a) These requirements apply only to the participants selected for the short list and are accepted by them at the moment of each participant's initial submission/registration.

(b) The participant agrees to bear all responsibility and cost associated with the production of his/her work of art for the Prize Exhibition. Artwork(s) must be complete for the installation and display. All installation/deinstallation instructions must be passed to the Organizers (two) months before the opening of the Prize Exhibition but in any event not later than August 30, 2012.

(c) Delivery and collection of any artwork(s) must be within the days and times set by the Organizers. The Organizers will cover all costs of crating, transportation and customs formalities when shipping artworks to/from Kiev for exhibition in accordance with separate agreements with the participant. Any extra expenses caused for any reason due to a failure of a participant to meet any transportation deadline which was agreed between the Organizers and the participant shall be covered by the participant.

(d) The Organizers shall be responsible for insuring the artwork(s) nail-to-nail according to the value given by the participant for the complete period of the loan. Any other insurance shall be at the responsibility of the participant.

(e) The participant agrees to provide the Organizers with all information required for customs formalities and agrees to sign any relevant separate contracts (in the form of a loan of artwork or otherwise), which could be required for customs clearance during transportation to the Prize Exhibition according to all applicable laws.

(f) The participant agrees to pass all dimensions and specifications of the artwork(s) to the Organizers in order to enable the Organizers to provide appropriate crating/packing/installation/deinstallation of the artwork(s). The participant shall bear all responsibility for the accuracy of such information and agrees to cover any extra cost which is incurred if such information is not correct.

(g) The participant will ensure that the artwork(s) made available by the participant for the Prize Exhibition will remain available for the entire period of the Prize Exhibition.

(h) The artwork(s) which will be shown in the Prize Exhibition must fit the technical limitations of the galleries (e.g. size, entry).

This shall be discussed with the participant once selected for the Prize Exhibition.

9. Copyright

9.1. The participant must grant the Organizers reproduction rights over the artwork(s) submitted to create a catalogue, archive the images of submitted artworks and publicize the artworks on the Website and in any other form of communication chosen by the Organizers, as well as to display the artwork(s) at the Prize Exhibition.

9.2. Any photo and video material, CV, and any texts submitted for the Prize will not be returned to the participant but will be retained and archived by the Organizers.

9.3. Subject to paragraphs 6(g) and 9.1, all intellectual rights and copyright will remain the property of the participant.

10. Privacy Policy

10.1. We are committed to responsible data management and subscribe to the principals of the data protection legislation in the UK. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from the participant. If the participant registers for any of the Services they will be asked to provide certain personal information. The information provided by the participant is not available for sale or use by third parties. The information is used solely for the purposes of the Prize and for the purposes of notifying the participant of changes or updates to the Website/Services.

10.2. In the member's admin area, where stated, the name and country of residence of each participant will be posted within the Website.

11. Acceptable Use

11.1. The participant acknowledges that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (the 'Content'), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and the participant acknowledges that by using the Website/Services they may be exposed to Content that may be offensive and/or indecent. The Organizers will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and the participant agrees to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

11.2. In using the Website/Services the participant agrees not to:

11.2.1. use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;

11.2.2 post, publish, distribute or disseminate material or information that is defamatory, obscene, indecent, threatening, abusive, harassing or unlawful;

11.2.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;

11.2.4 threaten abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others; 11.2.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;

11.2.6 make available or upload files that contain a virus, worm, Trojan or corrupt data that may damage the operation of the computer or property of another;

11.2.7 collect or store personal information about others, including email addresses;

11.2.8 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;

11.2.9 impersonate any person or entity for the purpose of misleading others; 11.2.10 violate any applicable laws or regulations;

11.2.11 use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party's use and enjoyment of the Website/Services;

11.2.12 post, publish, distribute or disseminate material or information that the participant does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);

11.2.13 attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.

11.3. We have no obligation to monitor the Services but shall be entitled to review materials made available through the Services and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.

12. Links to Third Party Websites

The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and the participant acknowledges and agrees that the Organizers are not responsible for the content or availability of any such websites.

13. Indemnity

The participant agrees to indemnify and hold the Organizers harmless from and against any breach by the participant of these Terms and Conditions and any claim or demand brought against the Organizers by any third party arising out of the participant's use of the Services and/or arising out of any Content submitted, posted or transmitted through the Services by the participant, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by the Organizers in consequence of the participant's breach of these Terms and Conditions.

14. Disclaimer and Limitation of Liability

14.1 Use of the Website/Services is at the participant's own risk.

The Website/Services are provided on an ?AS IS? and ?AS AVAILABLE? basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, noninfringement, compatibility, security and accuracy.

14.2 To the extent permitted by law the Organizers will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) or for any loss of profit (whether direct or indirect) arising out of or in connection with the use of the Website/Services.

14.3 The Organizers make no warranty that the Website/Services will meet the participant's requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.

14.4. The Organizers is not responsible in any way for any artwork sales that the participant or third parties may engage in.

14.5. The Organizers reserve the right to refuse use of the Services.

14.6. The Organizers reserve the right to refuse or remove images or text posted on the Website.

14.7. The Organizers reserve the right to update or amend these Terms and Conditions at any time.

14. Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

15. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and the participant hereby submits to the exclusive jurisdiction of the courts of England and Wales.