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Terms & Conditions

Effective Date: January 1st, 2019

Terms & Conditions
Effective Date: January 1st, 2019

Welcome to the The Hopper Prize (“The Hopper Prize”) Web site located at www.hopperprize.org (“Site”). The following terms of use (“Terms”) govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, you are not granted permission to use this Site and must exit immediately.

The information on this Site is for informational purposes only. Without limiting anything else in these Terms or otherwise, The Hopper Prize is not responsible for any errors or omissions in the Site or Site Materials.

Materials Submitted to the Site
The Site may allow you to contribute content, information, text, files, graphics, personal listings, messages, postings, and other materials and information for access, use, and commentary by other visitors to the Site (“User Content”). The Hopper Prize does not claim any permanent ownership of your work. Artists retain all copyright to work submitted to the site. When you submit work to the Site, you grant The Hopper Prize a limited license to display your work on the Site, across our social media network, in our email newsletters, and to promote future competitions. If you believe that any content or postings on the Site violate your intellectual property or other rights, please use our contact form at hopperprize.org/contact-us to send us a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

Payments to the Site
By participating in a competition on the Site, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account. In order to make a purchase, The Hopper Prize may use the services of third parties, including Stripe and Paypal.

Third Party Web Sites and Content
As set forth in Section 4 and Section 5, parties other than The Hopper Prize may provide products, services or content on the Site, including the transactional services of Stripe. Additionally, the Site contains links to other Web sites for the convenience of visitors in locating information, products, or services that may be of interest. The Hopper Prize does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites. The Hopper Prize does not endorse any product, service, or treatment provided on a third party website or advertised on the Site.

Privacy Policy
Information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy at hopperprize.org/privacy-policy.

Liability
The Hopper Prize and its affiliates, subsidiaries or licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the Site Materials, User Materials, the services, products, information and other materials on and in and made available through the Site, regardless of legal theory, whether or not you or The Hopper Prize had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. If you are dissatisfied with the Site, or with any of these Terms, or feel The Hopper Prize has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.

Indemnification
You shall indemnify The Hopper Prize and its members, managers, directors, officers, employees, agents, contractors and licensors (“The Hopper Prize Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site or services obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Materials, User Materials, the services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to The Hopper Prize), or any breach by you of these Terms and shall indemnify and hold The Hopper Prize Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims.

Changes to these Terms
The Hopper Prize reserves the right at any time to modify, alter or update these Terms. Notice of any new or revised Terms, as well as the location of the new or revised statement, will be posted on the Site for at least twenty (20) days after the change. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. The Hopper Prize reserves the right to suspend or terminate your access to this Site and/or ability to use the services with or without notice for failure to comply with these Terms, for providing The Hopper Prize with untrue or inaccurate information about yourself, for infringement upon The Hopper Prize proprietary rights, or for any other reason whatsoever or for no reason.

Competition Terms
By entering a Competition at hopperprize.org, you hereby accept these competition rules.By entering a Competition at hopperprize.org, you acknowledge that:

• You are 18 years of age or older
• The work contained in your submission is your own
• You will submit a valid entry prior to the posted deadline
• You will pay an entry fee of $40

By submitting your work to the Competition you agree that the information contained in your submission, including your name, email address, website address, artwork details, and social media handles may be collected and stored for the purposes of administering our bi-annual open call competitions. At any time, participants may request the removal of their information by sending a message to our contact form, available at hopperprize.org/contact-us.

To enter the Competition, you must submit a completed entry via hopperprize.org prior to the published submission deadline. You must also pay a submission fee.

All entries will be reviewed and presecreened by our editorial team. Our editorial team will select artists to feature on our social media channels while our Competition is accepting submissions. Unfortunately, not all submissions will be featured on our social media channels. Social media features are selected at the sole discretion of our editorial team. Participating in the Competition does not guarantee a social media feature for your work. Whether or not your entry is selected by the editors for a social media feature has no bearing on your standing in the competition. The jury’s selection begins after the submission deadline.

Collated submissions to the Competition will be shared with our jurors (e.g. industry leading arts professionals and institutional curators) after the submission deadline. Our jurors will review submissions and select, at their sole discretion, winning and shortlisted artists. The decision of our jurors is final.

Each competition will adjudicated by a new team of curators. Information about the jurors for each competition is available at hopperprize.org.

The full name, artist statement, biography, and portfolio of winners and finalists will be archived on a dedicated page at hopperprize.org.

Cash awards will be paid by paper check in the US and electronic funds transfer internationally.

By entering the competition, you warrant that you are the sole copyright owner of the work submitted and that you have the right to enter the photograph into the competition.

The Hopper Prize assumes no responsibility for any incorrect, inaccurate or incomplete information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Competition, and The Hopper Prize assumes no responsibility for technical, hardware or software failure of any kind, for lost network connections or other problems or technical malfunctions with regard to the Competition.

In no event will The Hopper Prize, its members, event partners or its officers, directors, employees, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential, special or punitive damages arising out of any contestant’s access to and use of the website and participation in the competition. Without limiting the generality of the foregoing, everything on the Website is provided “as is”, without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for purpose or use or non-infringement.

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