High Art Terms & Conditions

HIGH ART CONTEST TERMS AND CONDITIONS

Updated October 7, 2020

 

Welcome to The High Art Contest (referred to herein as “High Art” and the “Contest”), Natural Cannabis Company’s annual visual art competition and showcase.  These terms apply to all instances of the High Art Contest and their submissions, regardless of the dates that such instance of the Contest ran, including but not limited to those instances that ran prior to the date this Agreement was last updated.

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.  Your entering a submission to the Contest is subject to, and signifies your agreement to, the following terms and conditions (collectively, the “Agreement”).  The Agreement is a binding legal contract entered into by you and the Natural Cannabis Company (“NCC”).  Should any conflict arise between these terms and conditions and any other document or written instrument, these terms shall control.

  1. THE CONTEST.  High Art is an international visual art contest dedicated to celebrating cannabis and creativity.  The contest is open to artists all over the world, and of all experience levels.  All submissions shall be of your original artwork.

1.1 Theme.  The theme for each instance of the contest shall be as indicated on the contest page.

1.2 Submission Deadlines Submission deadlines will be as described on the contest page.  Submissions are due no later than 11:59pm Pacific time on the last date of the submission period.

1.3 Determination of Winners.  Contest winners shall be determined by a panel of judges selected at NCC’s sole discretion.

1.4 Crowd Favorite Voting.  Public votes shall be collected and tallied.  Public votes shall not be used to determine contest winners.

1.5 Winner Announcements The top 100 High Art finalists will be selected and shall appear online by the date indicated on the contest page.

The top 20 High Art finalists will be selected and appear online by the dates indicated on the contest page for that year.

The Top 3 Winners of High Art will be announced by the date indicated on the contest page for that year. 

All winners will see their art featured at the High Art Gallery in Santa Rosa, California and worldwide at select art and cultural events. 

Additionally, winning images will be displayed on The Natural Cannabis Company’s exclusive High Art packaging, promotional materials and social media.

1.6 Prizes.  

a. Twenty (20) Submissions will receive cash prizes.  Prize amounts will be as published on that year’s contest page.

b. Ten (10) Submissions will receive recognition.  One crowd favorite shall be determined by public vote.

 

2. TERM AND TERMINATION.

2.1 Term.  This Agreement will commence upon your submission of a Contest entry and shall continue in effect until the Contest has been completed.

2.2 Termination.  Notwithstanding the foregoing, NCC may terminate this Agreement with you (by providing an email notice of such termination): (i) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (ii) if we believe we are required to do so by law; (iii) if we no longer offer the Contest; (iv) if you no longer agree to the terms and conditions of this Agreement; or (v) for any other reason or no reason, in our sole and absolute discretion. The termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

2.3 Survival.  The following sections shall survive the termination of this Agreement for any reason:  2.3, 3, 4, 5, and 6.   Further any provision that must survive to fulfill its essential purpose shall do so.

3. RESTRICTIONS AND OBLIGATIONS.

3.1 Contest Eligibility.  The Contest is available only to individuals who can form legally binding contracts under applicable law.  The Contest only available to those that have reached the age of majorityYou are responsible for ensuring that your submission is legal in your jurisdiction and does not violate any local regulations.  We do not otherwise restrict against submissions from any country.  You must be able to provide valid e-mail address linked to a valid PayPal account in order to receive price money and/or compensation.

3.2 Submissions.  

a. A “Submission” is any entry that you submit to NCC for the purposes of the Contest, including but not limited to submissions made via NCC’s website, and/or High Art Gallery website, and on social media.

b. Third-Party Likenesses.  Submissions may not contain depictions of celebrities, political figures, cartoon characters or any other logos or characters that may infringe upon privacy rights, right to likeness, or the copyrights or trademark rights of any third party (e.g. depictions of Bob Marley, Mickey Mouse, Rick & Morty, Homer Simpson, etc. are not allowed).

c. Original Art Only.  Only original artwork may be submitted.  Any copying of another artist’s work, or use of another work to create an unauthorized derivative, will result in immediate disqualification (and bad karma).

Artwork previously entered in High Art or other art competitions will be automatically disqualified.

You warrant that you alone created the submitted work of art; or that if there are collaborators, they are named and that all of you are entering the Contest under a single submission (and are thus only eligible to win only a single prize).

d. Submission Requirements.  Each Submission must include the name of the creator and title of work.  The filename must be in the form, “Name – Title.jpg”.  The file name may not include special characters such as #, $, &, periods or similar characters.  File names may not exceed 40 characters.

Each entry must include a brief description of the image as well as a short artist bio (350 words or fewer).  Tell us a little bit about yourself; your artistic training, artistic inspiration, media choice, any special techniques used or anything you want the world to know about you.  You may also include your website URL and social media links.

Please fill out the entire form and load your image before sending the upload. If the submitted images are not sized properly, your submission may be disqualified. You will be notified via email within 24 hours if your submission has been disqualified and why.

NOTE:  All entrants will be judged on their entire submission packet, including the artist biography. Submissions accompanied by clear, complete bios will be rated higher than those with missing or incomplete information.

e. Inappropriate Submissions.  NCC has sole and absolute discretion to refuse any submission it deems inappropriate, for any reason.

f. Multiple Submissions.  Submission of multiple original works is allowed. Each submission must be unique and adhere to contest guidelines.

g. Subjects of Submission.  You warrant that you have obtained all necessary releases from models and other subjects featured in your Submissions.  You warrant that you have obtained all necessary releases and licenses with respect to the intellectual property or right to publicity and/or likeness of any third-party.  You warrant that your Submission does not violate any applicable law, nor infringe upon or misappropriate the intellectual property rights of any third-party.

h. No Framed or Watermarked Submissions.  Do not send images of your artwork which have been framed or contain watermarks.

i. Judging.  Judging will be conducted by a diverse panel of international artists and accomplished individuals in professional and academic fields.

Submissions will be judged on adherence to the Theme; whether they are creative, inspiring, provocative, or thought-provoking; as well as artistic and creative merit.

The artwork submitted to the competition will be judged based on the following elements of artistic expression:

- Interpretation and the clarity of the theme to the viewer.

- Creativity and originality in the depiction of the theme.

- Artistic composition and overall design.

- Overall impression of the art. What is the effect of the artwork in general and as a whole? Overall, does the artwork stand on its own as a complete and outstanding work of art?

3.3 License Grants to Submissions.  You hereby grant to NCC the following worldwide, exclusive, irrevocable, sublicensable, transferable, perpetual licenses in your intellectual property rights to all of your Submissions:

- to publicly display Submissions, including but not limited to for promotional purposes, and regardless form, including but not limited to in both printed and electronic form;

- to create derivatives from the Submissions, including but not limited to reproductions on different mediums and on different products;

- to import, export, offer for sale, and sell Submissions and any works created from the exercise of the licenses granted in subsection b. above; and

- to copy and otherwise reproduce Submissions, in whole and in part, as necessary or desirable to exercise the licenses granted above.

You may continue to use Submissions for personal use, but shall refrain from licensing their use to any third-party.

3.4 License Fee for Submissions As consideration for the licenses granted herein, you shall accrue a $50 royalty on every $250 received in Gross Sales (as defined below), paid within ten (10) days of the end of the month in which it is accrued.

“Gross Sales” means the total revenue actually received by NCC for the sale of any reproduction of your Submission, or any derivative product that highlights your Submission. For more information, read our Earnings Disclaimer.

3.5 Adjustments to Submissions.  NCC may color correct your images in order to enhance the overall presentation.  NCC may crop your images for formatting purposes for use in packaging, promotional materials, or other purposes.

3.6 Mediums.  Submitted artwork may be created in a variety of mediums including but not limited to paint (watercolor, oil, acrylic, gouache etc.), pen or pencil (charcoal, lithography etc.), digital design (Photoshop, Illustrator, Sketchbook etc.), mixed media (collage, creative materials etc.). Images of three dimensional works will be judged on photo composition.

3.7 Image Submission.  Artists must submit at least a 1301 wide x 1733 tall .jpg (resolution of 72 DPI) digital file to enter. The better the quality, the easier it is for judges to view artwork in detail, so please upload the highest quality image that you can. 

Artists must submit a digital file (18” wide x 24” tall @ 300dpi .jpg/.pdf/.tiff) of their artwork if chosen as a finalist.

JPG compression quality of 12 (or the highest quality setting).

3.8 Consent to Messages.  You hereby consent to receive from NCC, Contest related messages, marketing, and/or advertising for additional services, events, affiliate products, and services through the mediums of electronic mail, printed mails, phone calls, text messages (carrier fees may apply), and/or social media messages.  You may opt-out of future marketing and advertising from NCC at any time through either express written notice, or by clicking on the applicable unsubscribe links contained in any such material.

4. RIGHTS OF NCC

4.1 Changes to the Contest NCC may, at its sole discretion, change or end the Contest at any time.  You agree that NCC will not be liable to you upon any such change.

4.2 Change to the Agreement.  NCC reserves the right to amend this Agreement at any time.  If amendments constitute a material change to the Agreement, to be determined at the sole discretion of NCC, NCC will notify you via e-mail or via other conspicuous notice.

4.3 Refusal of Submission.  NCC reserves the right to refuse service the entry into the Contest of anyone for any reason at any time.  NCC may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Contest without notice and liability for any reason, including if in NCC’s sole determination you violate any provision of this Agreement, or for no reason.

4.4 Trademarks All NCC graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks of NCC.  NCC reserves all rights in said trademarks and service marks and no rights therein are granted or transferred hereunder.  You shall not use any of NCC’s trademarks or service marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. 

5. INDEMNIFICATION

5.1 Indemnity.  YOU AGREE TO INDEMNIFY AND HOLD NCC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO YOUR ENTERING A SUBMISSION INTO THE CONTEST, YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD-PARTY, OR YOUR BREACH OF ANY TERM OR WARRANTY WITHIN THIS AGREEMENT.

“Affiliate” means, with respect to any entity, any other entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such entity, and the term “control” (including the terms “controlled by” and “under common control with”) means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such entity, whether through ownership of voting securities, by contract, or otherwise.

6. GENERAL

6.1 Relationship Between Parties Neither party shall be deemed to be an employee, agent or partner of the other in connection with this Agreement.  Neither party shall have any right or authority to assume or create any obligation or responsibility, either express or implied, on behalf of the other party.  The Parties shall be and remain independent contractors with respect to this Agreement.  

6.2 Governing Law.  This Agreement shall in all respects be interpreted, construed in accordance with and governed by the laws of the State of California.  The Parties specifically exclude the application of the 1980 United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable.    

6.3 Venue and Jurisdiction Provisions.  Subject to the dispute resolution clause in Section 6.17 below, in the event of any litigation between the Parties, the Parties agree that the sole and exclusive venue and jurisdiction for any such action shall be in the courts of competent jurisdiction located in California.  The Parties agree that the above referenced courts shall have personal and exclusive jurisdiction over the Parties for any dispute arising out of this Agreement.  

6.4 Severability.  In the event that any one or more of the provisions of this Agreement is for any reason held to be illegal or unenforceable in any respect, such illegality or unenforceability shall not affect the other provisions of this Agreement, which shall remain in full force and effect.

6.5 Force Majeure.  Neither party will be liable for any failure to perform due to unforeseen circumstances or causes beyond such party’s reasonable control, including, without limitation, acts of God, war, riot, acts of civil or military authorities, delay in delivery by vendors, fire, flood, accident, strikes, inability to secure communication or transportation facilities or labor or materials.  In the event of a force majeure event, such party’s time for delivery or other performance will be extended for a period equal to the duration of the delay caused thereby.

6.6 Entire Agreement.  This Agreement is the entire agreement between the Parties and supersedes all proposals, all prior agreements, commitments, oral or written, and all negotiations, conversations or discussions between the Parties relating to this Agreement.  

6.7 Modifications.  Except as otherwise allowed per the terms of this Agreement, this Agreement may be modified only by a writing signed by each party.

6.8 Headings.  Headings included in this Agreement are for convenience only and are not to be used to interpret the provisions of the Agreement between the Parties.

6.9 Assignment.  You may not assign or delegate the rights and obligations of this Agreement without the prior express written permission of NCC.  NCC may unilaterally assign or delegate the rights and obligations of this Agreement at its sole discretion.  The terms of this Agreement shall be binding upon and inure to the benefit of the Parties and their successors and permitted assigns.

6.10 Waiver.  The failure of either party to enforce at any time any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce any such provisions.

6.11 Benefit.  This Agreement is made for the benefit of each of the Parties and not for the benefit of any other persons.  

6.12 Attorneys’ Fees.  In any litigation or arbitration between the Parties, the prevailing party shall be entitled to reasonable attorney fees and all costs incurred in connection with such proceedings.

6.13 No Presumption.  There shall be no presumption applied against any party on the ground that such party was responsible for preparing this Agreement or any part of it.

6.14 Conflict with Terms of Service or Other Policies.  Should any conflict arise between this Agreement or any other policy documents, this Agreement shall prevail.

6.15 Equitable Relief.  Each party acknowledges that a breach by the other party of any confidentiality or proprietary rights provision of this Agreement may cause the non-breaching party irreparable damage, for which the award of damages would not be adequate compensation.  Consequently, the non-breaching party may institute an action to enjoin the breaching party from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and a party may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the non-breaching party may be entitled at law or in equity.

6.16 DMCA Notices.  The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials hosted by NCC infringe upon your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.  The notice must include the following information as required by 17 USC § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Indeed to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send NCC a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.  Notices and counter-notices should be sent in writing to info@highartgallery.comSubject: Copyright Notice. Please be aware that there are penalties for false claims under the DMCA.

6.17 Dispute Resolution.  You agree to notify NCC of any potential disputes.  If we are not able to resolve your claims within 60 days, you may seek relief through arbitration as set forth below.

Any and all claims, except for those for which California courts shall have jurisdiction per the terms above, will be resolved by binding arbitration, rather than in court.  This includes any claims you assert against us, our subsidiaries, users, or any companies offering products or services through us (which are beneficiaries of this arbitration agreement).  Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules.

Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated, or representative action.  If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.  An arbitration decision may be confirmed by any court with competent jurisdiction.

6.18 Contact Information If you have any questions, concerns, or complaints about our Services or anything under this Agreement or other Agreements with us, please contact us at the following email address:

Email:  info@highartgallery.com

 

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