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Foundwork

Thank you for reading the Official Rules of the 2019 Foundwork Artist Prize. Please review these rules carefully as they include important terms and conditions that apply to all participating artists. Please also review the Foundwork Artist Prize section in our FAQ for additional details on eligiblity, the selection process, and how to participate.

Last Updated: April 9, 2019

These Official Rules (“Rules“) govern the Foundwork Artist Prize (“Prize”) and the relationship between you, as a participating artist (“you” or “your” or “artist” or “participant”), and Foundwork, Inc., as the sponsor of the Prize (“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 as they do in our Terms of Use. By participating in the Prize and accessing or using Foundwork in any way, you agree to be bound by all of these Rules, together with our Terms of Use and Privacy Policy, which describes how we may collect, store, share, and use information. If you do not agree to these Rules and our Terms of Use and Privacy Policy, you are not permitted to participate in the Prize. We’ve tried to keep these Rules as clear and direct as we can while still covering all of the necessary topics. That said, if you have any questions, please feel free to contact us at support@foundwork.art.

  1. Winner, Grant, and Jury

    One eligible artist participating on Foundwork will be selected as the winner (“Winner”) and will receive an unrestricted ten thousand US dollar (US $10,000) cash grant (“Grant”). The Winner will be selected by a panel of jurors (each, a “Juror”; together, the “Jury”) on the basis of artistic merit as defined below in these Rules. The Jury will be composed of art professionals invited by us. If for any reason a Juror is no longer available to participate at any time, the Winner may be selected by the remaining Jurors or we may add a replacement Juror to the Jury at our sole discretion.

  2. Eligibility and Selection Period

    These Rules and the Prize are void where prohibited by law and participation is not permitted in those jurisdictions. In addition, in order to be eligible, an artist must: (1) be an individual (not a legal entity such as a corporation or LLC) who is at least eighteen (18) years old and otherwise able to enter into a binding contract with us; (2) be a current US legal resident (regardless of your country of origin or citizenship); (3) not be a resident of Arizona, Colorado, or any US state that prohibits contests where consideration is required to enter; (4) not be one of our employees, contractors, or any of their relatives; (5) be able to access and use Foundwork (and, if applicable, to receive the Grant) in accordance with all applicable laws, rules, and regulations; and (6) have a current and valid Foundwork artist account (including, if applicable, a current subscription) and a published artist profile on Foundwork (“Profile”), with at least five (5) published artworks, continuously from 5:00 PM ET, SEPTEMBER 1, 2019 THROUGH 5:00 PM ET, SEPTEMBER 30, 2019 (“Selection Period”), and, if selected and confirmed as the Winner, for at least twelve (12) continuous months thereafter. Artists will otherwise be eligible regardless of age, race, creed, color, religion, country of origin, gender, sex, sexual orientation, marital status, ancestry, disability, or veteran status.

  3. Selection Process

    During the Selection Period, we will review all eligible artists on Foundwork, select fifty (50) finalists, and provide the list of finalists to the Jury. The Jury will then review the finalists and will select one finalist as the Winner. We and the Jury will have no obligation to publish or disclose the names of finalists at any time. All artists with published Profiles who otherwise meet the eligibility criteria stated in Section 2 above will be considered equally, whether an artist is a paying subscriber, is in a free trial period, or has a free student account.

  4. Selection Criteria and Decisions

    Artists will be evaluated on the basis of artistic merit, defined as demonstrating a critical engagement with, mastery of, and distinctive contribution to, one’s chosen media. Only artwork and artist statements published on Foundwork will be considered, except as provided in Section 7 below. CV information (such as information regarding a participant’s exhibition history, awards, residencies, press, publications, or professional experience) will not be considered. All decisions made by us or the Jury regarding artist and artwork evaluation, finalist and Winner selection, or 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 participants regarding the merits of any such decisions or of any artwork considered in connection with the Prize at any time.

  5. Preparing Your Work for Review

    The first ten (10) artworks published in an artist’s Profile (i.e. the first ten works appearing at the top of their Profile page) will be reviewed, and we and the Jury may (but are not obligated to) review additional works in an artist’s Profile at our and the Jury’s sole discretion, as applicable. As stated in Section 2 above, you are only required to have five artworks published in your Profile to be eligible, but we encourage you to publish ten works if you see fit in order to facilitate a broader understanding of your practice. You can publish artwork in your Profile by using the artist content management system (“CMS”) built into Foundwork. If you wish to add more than one image for an artwork (for example, alternative or detail views), you will need to add such supplemental image/s as additional work/s in CMS. Adding supplemental images will not affect the total number of your works reviewed, but please note that no more than three (3) supplemental images per work will be reviewed. You can change the order of works (and supplemental images) in your Profile by dragging and dropping works to the desired order in CMS. If you add supplemental images for a work, you need to order them directly after the primary image for such work in your Profile in order for them to be reviewed. Please also note that all artwork to be reviewed for the Prize must be created only by you and must not be created by or in collaboration with anyone else.

  6. Preparing Your Artist Statement for Review

    You can publish your artist statement on Foundwork by going to the Artist Statement section in CMS, adding, editing, and saving your artist statement text. You are not required to publish an artist statement in order to be eligible, but doing so is encouraged to facilitate the review and understanding of your practice.

  7. Animated Content, Video, and Other Materials

    As Foundwork does not currently host animated content or video (“Animated Content”), with respect to video art, performance, animation, or other work that you normally represent online as Animated Content, you may add the URL to another website (such as your own website or a third-party video platform) where such Animated Content may be reviewed in the “Additional Information” field for such work when you add it in CMS, in which case the first five (5) minutes of such Animated Content will be reviewed on such other website during the selection process, and we and the Jury may (but are not obligated to) review more of such Animated Content at our and the Jury’s sole discretion, as applicable. Except as described in the preceding sentence, no artwork, information, or media in any location outside of Foundwork (whether online or offline) will be considered. Any additional materials submitted to us by email, postal mail, or otherwise will not be considered or returned and may be discarded at our sole discretion. Accordingly, please do not submit any additional materials.

  8. Winner Notice and Confirmation

    Once the Jury has reviewed the finalists, it will select a provisional Winner and will notify us of its decision. We will then notify the provisional Winner by email that they were selected (“Provisional Winner Notice”). In order to be confirmed as the Winner and eligible to receive the Grant, the provisional Winner must: (1) reply to our Provisional Winner Notice by email within seven (7) calendar days after the date we sent the Provisional Winner Notice; (2) notify us of their intention to be confirmed as the Winner; and (3) provide us with documentation of their US postal address and resident status, and any other information we may require in order to verify eligibility and administer the Prize, as required or permitted by law; otherwise, the provisional Winner may be disqualified at our sole discretion and the Jury may select another provisional Winner from the remaining finalists, in which case the new provisional Winner will be subject to the same notice and confirmation process described above. If the provisional Winner responds affirmatively to our Provisional Winner Notice within the required time and we otherwise determine that they are eligible, we will send the provisional Winner a second notice by email to confirm them as the Winner (“Winner Confirmation Notice”). Please note that the provisional Winner may be required to accept and sign a written affirmation of eligibility and publicity release before being confirmed, and we will provide such forms along with the Provisional Winner Notice, as applicable.

  9. Winner Announcement

    We will endeavor to confirm and publicly announce the Winner in October, 2019, unless the Winner selection and confirmation process takes longer subject to Section 8 above, in which case we will endeavor to confirm and announce the Winner as soon as reasonably practicable thereafter. Once an eligible Winner is confirmed, we may announce them publicly on the Foundwork website and through any other media (including third-party media) at our sole discretion. The Winner must not disclose or publish the fact that they were selected as the Winner until we announce the Winner publicly ourselves; and failure to comply with this requirement may result in disqualification and forfeiture of the Grant at our sole discretion. The Winner must also maintain a published Profile for at least twelve (12) consecutive months after the Selection Period; and we may continue to refer to their Profile in our public communications about the Winner and the Prize at any time.

  10. Awarding the Grant

    After the Winner is confirmed and publicly announced by us, we will remit the Grant to the Winner, by check sent to the Winner’s US postal address as provided by them, within thirty (30) calendar days. The Winner agrees to provide us with such information as we may reasonably require in order to do so. The Grant is intended as funding to support the Winner’s artistic practice, whether directly or indirectly. The Winner may use the Grant for any lawful purposes.

  11. Taxes and Expenses

    The Winner is solely responsible for determining and paying all applicable local, state, federal, or other income taxes related to the Grant, and for any other costs and expenses the Winner may incur in connection with the Prize, the Grant, or the receipt or use thereof.

  12. Studio Visits

    In addition to the Grant, the Winner will receive a Studio Visit with each of the Jurors. A “Studio Visit” is defined as a meeting between the Winner and a Juror, conducted either in person at the Winner’s studio (“Live Visit”) or remotely by video chat or phone (“Remote Visit”), as mutually decided in each case by the Winner and the applicable Juror. We will introduce the Winner to each Juror by email once the Winner is confirmed, and the Winner and each Juror may then schedule and conduct a Studio Visit at their mutual convenience. The duration and date of each Studio Visit, and whether it will be a Live Visit or Remote Visit, will be mutually decided in each case by the Winner and the applicable Juror, and we will not be involved in or responsible for such decisions. Please note that Jurors are not obligated to conduct Studio Visits for any particular duration, by any particular date, or as Live Visits, wherever they or the Winner are located. Any costs and expenses the Winner may incur in connection with Studio Visits, including, but not limited to, travel, art supplies, computer, network, or Internet costs, will be solely the Winner’s responsibility.

  13. Notices and Communicating by Email

    We will send each Provisional Winner Notice, Winner Confirmation Notice, and Juror introduction to the email address associated with the Winner’s Foundwork account at the time that we send the applicable email. You are solely responsible for ensuring that you have a current and valid email address associated with your Foundwork account at all times. We are not responsible for any automatic filtering that you or your email service provider may apply to any email we send to the email address you provided. As further provided in our Terms of Use, you consent to receive communications from us electronically (including by email) and agree that all notices we send you electronically satisfy any legal requirement that such communications be in writing.

  14. Permission to Use Winner’s Name, Likeness, and Content

    You understand and agree that if you are selected and confirmed as the Winner, we may reproduce, publish, and use your name and likeness, and any artwork images, information, and other Content that you publish at any time on Foundwork, in any media (including third-party media), online, print, and otherwise, in connection with administering or promoting the Prize and Foundwork, at any time before or after you are publicly announced as the Winner (including, if applicable, after you no longer have an artist account or Profile), without further notice or obligation to you or others, at any time our sole discretion. You also understand and agree that we may share this permission with any third party with whom we may work to promote the Prize and Foundwork, as applicable for such purposes, including, but not limited to, other websites, online platforms, or press, at any time and without further notice or obligation to you or others. The above permissions granted by you will apply in addition to, and will not be limited by, the license that you grant us in our Terms of Use with respect to Content that you post on or using Foundwork. For the avoidance of doubt, you retain all copyright that you have in your artwork, and any such permissions that you grant us with respect to your artwork under these Rules are non-exclusive.

  15. Reservation of Rights

    To the maximum extent permitted by applicable law, we expressly reserve the right to take any or all of the following actions, at our sole discretion, at any time before, during, or after the Winner is announced or the Grant is awarded: (1) to determine or deny eligibility to, or to disqualify, you or any other participant, for any or no reason, including, but not limited to, if we believe that such action is necessary to comply with any applicable law, rule, or regulation; (2) to change or postpone any or all applicable dates and timelines related to the Prize, including, but not limited to, the Selection Period or the date the Prize is awarded; and (3) to change or terminate the Prize, or any related selection process, in whole or part, for any reason, including, but not limited to, if we become aware of any activity that in our sole discretion would affect the integrity or conduct of the Prize. You expressly agree that: (1) you will not contest any such actions taken by us under any circumstances; and (2) we will not be liable to you or any third party for taking any of the above actions under any circumstances, or for any loss or damage of any kind resulting directly or indirectly therefrom.

  16. Disclaimer of Warranties

    As further described in our Terms of Use, Foundwork and all Content are provided by us on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind, express or implied, including, but not limited to, any warranties of merchantability, non-infringement, fitness for a particular purpose, or availability, all of which we and our officers, owners, directors, agents, and employees (collectively, “Foundwork Parties”) expressly disclaim to the maximum extent permitted by applicable law. Foundwork Parties make no representations or warranties of any kind, express or implied, with respect to the conduct of any Juror or other third party in any way connected with the Prize or any Studio Visit or related activity; and no statement made by us, you, any Juror, or any other third party, whether orally, in writing, on Foundwork, or elsewhere, will be considered any such representation, warranty, or assumption of liability by us. Neither Foundwork Parties nor any Juror will be responsible for any loss of access or Content on or in connection with Foundwork that in any way affects your eligibility or participation.

  17. Limitation of Liability

    To the maximum extent permitted by applicable law, under no circumstances will any Foundwork Parties, any Juror, or any third party with whom we may work to promote the Prize, be liable to you or any third party for any loss or damage of any kind, including, but not limited to, any loss of profits, revenue, business, data, use, goodwill, or other intangible losses, any personal or bodily injury or emotional distress, or any direct, indirect, incidental, special, consequential, or exemplary damages, arising out of or in connection with: (1) the Prize; (2) your eligibility or ineligibility for, or disqualification from the Prize; (3) any access to or use of, or inability to access or use Foundwork (including, but not limited to, any inability to access or use Foundwork due to any technical error, malfunction, or interruption of service); or (4) any act, error, or omission of any Foundwork Parties, any Juror, or any other third party, or any activity, communication, or meeting (whether in person, online, or otherwise) arising out of or in any way connected with the Prize. The limitations of liability provided in this section apply to all claims, whether based on warranty, contract, statute, tort (including negligence), strict liability, or any other legal theory, whether or not any Foundwork Parties have been advised of or should have known of the possibility of such damage or loss, even if a remedy set forth in these Rules is found to have failed of its essential purpose. Some jurisdictions do not allow the limitation of liability for consequential or incidental damages, so some of the limitations provided above in this section may not apply to you, in which case the liability of Foundwork Parties will be limited to the maximum extent permitted by applicable law. Under no circumstances will any Foundwork Parties or any Juror be liable to you or any third party for any delay or failure to select or confirm a Winner, issue the Grant, or otherwise perform under these Rules due to any act of war or terror, flood, fire, natural disaster, power outage, or other cause beyond their reasonable control.

  18. Release

    To the maximum extent permitted by law, you release and discharge Foundwork Parties, each Juror, and any third party with whom we may work to promote the Prize, from all claims, demands, damages (actual and consequential), losses, liabilities, and expenses (including attorneys’ fees), of every kind and nature, known and unknown, suspected and unsuspected, arising out of or in connection with: (1) the Prize; (2) your eligibility or ineligibility for, or disqualification from the Prize; (3) any access to or use of, or inability to access or use Foundwork (including, but not limited to, any inability to access or use Foundwork due to any technical error, malfunction, or interruption of service); or (4) any act, error, or omission of any Foundwork Parties, any Juror, or any other third party, or any activity, communication, or meeting (whether in person, online or otherwise) arising out of or in any way connected with the Prize. You expressly waive any benefits or protections, whether statutory or otherwise, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

  19. Dispute Resolution

    The Prize, and the rights and obligations of you and us under these Rules, will be governed by and construed in accordance with the laws of the State of New York, and, as applicable, the laws of the US, excluding any conflict or choice of law rules or principles, and regardless of your location. As these Rules are part of our Terms of Use, all claims, causes of action, or disputes arising out of or related to these Rules or the Prize will be subject to our Terms of Use, including, but not limited to, Section 11 of our Terms of Use regarding dispute resolution.

  20. Compliance with Laws

    Your access to and use of Foundwork, and, if you are selected and confirmed as the Winner, your receipt and use of the Grant, must comply at all times with all applicable laws, rules, and regulations of the US and any other applicable jurisdiction; and you are solely responsible for this compliance. Any attempt by a participant to deliberately interfere with or adversely affect the normal functioning of Foundwork or the conduct of the Prize may be a violation of criminal or civil laws; and should any such attempt be made, we expressly reserve the right to seek any and all legal and equitable remedies and damages (including attorneys’ fees) from such participant to the maximum extent permitted by applicable law, including criminal prosecution.

  21. Relationship

    The relationship between you and us is exclusively that of independent contractors, and no agency, partnership, joint venture, or employment relationship is created or implied by these Rules or any related activity. We are not the employer or agent of any Juror for any purpose, nor is any Juror our agent for any purpose. Each Juror will be considered a third party beneficiary of these Rules with respect to any of these Rules where a Juror or the Jury is mentioned, including, but not limited to, Sections 4, 16, 17, and 18; and any third party with whom we may work to promote the Prize will be considered a third party beneficiary of these Rules with respect to Sections 14, 17, and 18 of these Rules where such parties are mentioned; otherwise, nothing stated in or implied from these Rules will give any party other than you or us any legal or equitable right, remedy, or claim under or with respect to these Rules.

  22. Miscellaneous

    These Rules, together with our Terms of Use and Privacy Policy, constitute the entire agreement and understanding between you and us regarding the subject matter of these Rules, and supersede any other written, oral, or implied communications, statements, or understandings. If any of these Rules conflicts with any of our Terms of Use, Privacy Policy, or other written information provided on Foundwork, the applicable provision in these Rules will control to the extent of the conflict. If any part of these Rules is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, that part will be enforced to the maximum extent permitted, and these Rules will otherwise remain in full force and effect. These Rules, and the rights and obligations of the parties under these Rules, will be binding on and will inure to the benefit of you, us, and your and our respective successors and assigns; however, you are not permitted to assign, delegate, or otherwise transfer these Rules or any right or obligation under these Rules without our express prior written consent. We will not be deemed to have waived any right or remedy under these Rules unless the waiver is in writing and signed by our representative who intends and is duly authorized to agree to such waiver on our behalf. No delay or failure by us to exercise or enforce any right or provision of these Rules will be deemed a waiver of that or any other right or provision. No single or partial exercise by us of any right or remedy under these Rules will prevent our further exercise of that or any other right or remedy. No provision in these Rules will be construed against us on the grounds that we drafted these Rules. Sections 2, 4, and 8–22 (inclusive) of these Rules will survive and will remain in full force and effect after the Grant is awarded and after any termination of these Rules. The section titles in these Rules are for convenience only and have no legal or contractual effect.

  23. Contact Information

    Foundwork, Inc. is the sponsor of the Prize. Our postal address is 130 8th Avenue #8F, Brooklyn, NY 11215. If you have questions about the Prize or these Rules, you may contact us by email at support@foundwork.art.

To apply for this job please visit foundwork.art.