Emerging Artist Contest Rules

RADISSON RED EMERGING ARTIST CONTEST

OFFICIAL RULES


NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.

A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR

 CHANCES OF WINNING.

 

THIS CONTEST WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU DO NOT AGREE TO THE TERMS OF THESE OFFICIAL RULES. 

  1. TIMING: The Radisson RED Emerging Artist Contest (“Contest”) begins at 12:00:00 AM Central European Summer Time (“CEST”) on October 17, 2016 and ends at 11:59:59 PM CET on December 9, 2016 (“Contest Period”).
  1. ELIGIBILITY: The Contest is open only to persons who are 21 years of age or older at the time of entry and are emerging artists. For this contest, an emerging artist is defined as a person who:
  • Has not done a solo exhibition;
  • Has a portfolio of work, not just a one-off piece;
  • Does not have commercial representation (i.e. an agent).

Employees, officers, directors and agents of Carlson Hotels, Inc. (“Sponsor”), Gage Marketing Group, LLC (“Gage”), Teviot Creative Limited (“Teviot”), (collectively Gage, Teviot are “Administrators”), and each of their parent companies, affiliates, subsidiaries, franchisees, hotel management companies, prize providers and advertising/promotional agencies (collectively, the “Contest Entities”), and members of the immediate family or persons living in the same household of such individuals, are ineligible to participate or win a prize (“Prize”). Winning a Prize is contingent upon fulfilling all requirements set forth herein. This Contest is void in Azerbaijan, Bahrain, Brazil, Burma, Cuba, Egypt, Ethiopia, Gabon, Georgia, Iran, Italy, Jordan, Kenya, Kuwait, Lebanon, Libya, Mali, Mozambique, Nigeria, North Korea, Oman, Qatar, Quebec, Rwanda, Russia,  Saudi Arabia, Senegal, Sierra Leone, Sudan, Tunisia, United Arab Emirates, Uzbekistan, Venezuela, Zambia, any country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, where prohibited or otherwise restricted by law.

  1. AGREEMENT TO RULES: By participating in this Contest, an individual who meets the eligibility requirements and enters the Contest (individually “Entrant” and collectively “Entrants”) agrees to be bound by these Official Rules and that the decisions of the Sponsor shall be final and binding in all matters pertaining to the Contest.
  1. HOW TO ENTER THE CONTEST: During the Contest Period, log on to https://www.radissonred.com/emerging-artist-competition/apply/. Once you access the site click the “Enter Now” button and follow the instructions to (a) complete the online entry form, including your first and last name, email address, address, date of birth and phone number, b) Upload one photo that represents your visual art work. You can also upload up to two additional photos to support your entry. For example, if your entry is a sculpture and you need to showcase different viewpoints. (1-3) photographs (“Photos” must be JPG or PNG format and each photo may not exceed 3.5MB) of the original, visual art work (e.g. painting, drawing, sketch, sculpture, tattoos) (c) input the name of your visual art work in English (up to 100 characters, including spacing); and (d) input between one and ten (1-10) sentences (each sentence must be unique and different) in English (up to 500 characters, including spacing) that describes your original visual art work and submit your entry (“Entry). Your submitted visual art work must have the ability to be digitally reproduced. Limit one (1) Entry per person during the Contest Period.

By submitting an Entry, Entrants agree that submission of an Entry is gratuitous and made without restriction, and will not place Sponsor under any obligation.  Entrants grant Sponsor and its agents a royalty-free, irrevocable, perpetual, non-exclusive license to use, edit, adapt, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, (including, but not limited to, websites and social media platforms), and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes in any way they see fit in perpetuity without limitation and compensation to Entrant. You acknowledge that, by acceptance of your Content, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.

Multiple Entrants are not permitted to share the same email address. Any attempt by an Entrant to obtain more than one (1) Entry by using multiple/different email addresses, or any other methods will void all of that Entrant’s attempted entries and that Entrant may be disqualified. Proof of submitting an Entry will not be deemed to be proof of receipt by Sponsor. Use of any automated system to participate is prohibited and will result in disqualification in Sponsor’s sole discretion.

Incomplete, unintelligible entries and entries that do not fully comply with all of the requirements and Content Guidelines set forth herein will be disqualified. Entry is subject at any time to verification by Sponsor.  Certain Entries may be used by Sponsor and its agents for socializing and promotion purposes during the contest period. Being selected for socializing and/or promotional purposes is unrelated to Judging and does not imply or guarantee selection as a prize winner in the Contest.

Entrants may retain a license to republish any of the photos on personal websites or in conjunction with social media platforms/accounts for purposes of communicating their Entry in the Contest.  No correspondence regarding the screening, verification or judging status of Entries will be undertaken by Sponsor.

  1. CONTENT GUIDELINES: As used herein, “Content” refers to all information, photos, descriptions, or other content you submit in connection with your Entry. Entrants represent and warrant that their Content:
  • Is the original work and was created solely by Entrant. (Do NOT submit visual art work that you personally did not create. No team or group entries.)
  • Has not been previously published;
  • Has not been copied from others;
  • Has not previously won awards;
  • Does not violate any rights of any other person or entity (including, but not limited to copyrights, trademark rights, rights of privacy and publicity);
  • Is used with permission from any person whose name or likeness is used in the Content; and
  • Will not infringe on the rights of any third party by being publicized in various media including Web posting and social media.

Entrants indemnify and hold harmless, Released Parties (defined below) from any claims to the contrary. Any Entrant whose Content includes likenesses of third parties or contains elements not owned by the Entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Entry, in a form satisfactory to Administrator, upon request.

All Content submitted by you must conform to the additional submission guidelines set forth herein. Your Content:

  • Must contain a minimum of one (1) and a maximum of three (3) photo(s) of your original, visual art work, submitted JPG or PNG format and each photo may not exceed 3.5MB;
  • Must be in English;
  • Must not contain the likeness of anyone who is or who appears to be under the age of 13, unless entrant has permission of that person’s parent or legal guardian to do so for this Contest.  Entrant must have permission from all recognizable people who appear in the Entry, regardless of their ages.  If requested, entrant must be able to provide proof of such permission in a format acceptable to Sponsor;
  • Cannot contain any personally identifiable information;
  • Must NOT include anything which is sexually explicit, obscene, pornographic, violent, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), or unnecessarily violent;
  • Cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
  • Cannot be obscene or offensive, endorse any form of hate or hate group;
  • Cannot include threats to any person, place, business, group or world peace and does not invade privacy or other rights of any person, firm or entity;
  • Cannot depict any unlawful, immoral or dangerous act or suggest that any individual should undertake any such act;
  • Cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
  • Cannot include logos or trade dress owned by others, or advertise or promote any brand or product of any kind, with the exception of Radisson Red;
  • Cannot communicate messages or images inconsistent with the positive image and/or goodwill to which Sponsor wishes to associate.

Entrants agree to reasonably preserve the visual art work as depicted in the Entry through winner notification, in the event Sponsor may request that such visual art work be loaned to Sponsor for up to twenty-four (24) months for public recognition and display (described below in Rule 8).

All Entries will be reviewed for compliance with these Official Rules.  Entries that do not meet the Content Guidelines set forth above, contain prohibited content, and/or are otherwise deemed by Sponsor, in its sole discretion, to be inappropriate will be disqualified.

CONTENT POSTED TO ANY WEBSITE WAS NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Entrants. Sponsor reserves the right to waive any Entry requirements set forth herein in its reasonable discretion.

  1. CONTEST JUDGING: Between December 10, 2016 and December 14, 2016 a panel of judges will judge all eligible Entries received, based on the following criteria: Entry Represents the Radisson RED Brand:
  2. Originality – 25 points
  3. Boldness (in either color, design or expression) – 25 points
  4. Emotion (evokes feeling and emotions) – 25 points
  5. Vibrant/exciting – 25 points
  1. WINNER DETERMINATION: At the conclusion of the Contest Judging, the one (1) Entry receiving the highest score based on the criteria (provided a sufficient number of eligible Entries are received) will be declared the potential Prize winner. Potential winner is subject to verification. In the event of a tie, the Entrant that received the highest score in “Originality” will be declared the potential grand Prize winner. If a tie remains thereafter, the entrant with the highest combined score in “Boldness” and “Emotion” will be declared the winner. The Sponsor’s decisions on all matters pertaining to judging, administering and/or interpreting the rules of this Contest are final. Sponsor reserves the right not to award the Prize if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.
  1. PRIZE: One (1) Prize – Prize consists of and is limited to (a): a check for $1,500 USD made payable to winner; (b) having the winner’s art work featured on Radisson Red hotel digital displays; and (c) Radisson Red social media promotion and a blog feature. There is no monetary value associated with being featured on the hotel displays or the social media promotion/blog feature.

Potential Prize winner will be notified by email and/or mail. The potential Prize winner will be required to sign and return the Declaration of Eligibility and Release of Liability/Publicity Form, and Assignment of Rights to the Winning Entry and a Form W-9 (U.S. residents) or W8 BEN form (residents of all other countries) within the time period stated in the letter accompanying the documents. Sponsor/Administrator’s communication to Prize winner will include specific deadlines to complete and return required documents.

Winner is solely responsible for filing all required tax forms and returns and all federal, state and local taxes and other fees associated with Prize receipt and use.  No transfer, refund, cash redemption, substitution or replacement of Prize or any Prize component permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a Prize of equal or greater value (or cash equivalent). Sponsor will withhold and/or report taxes as required by the applicable law of Sponsors’ and/or Promoter’s jurisdiction and winner’s jurisdiction. Any portion of the Prize not accepted or unclaimed and/or unused by a winner will be forfeited for which no consideration will be awarded.

U.S. Tax Liabilities:  For winners who are residents of countries other than the United States, 30% of the prize value will be withheld by Sponsor and remitted to the U.S. Internal Revenue Service to comply with U.S. tax laws.

Noncompliance to return required documents by stated deadlines, return of any Prize/Prize notification, or if a potential Prize winner is found to be ineligible, or does not comply with the Official Rules, such potential winner may be disqualified and forfeit Prize. In that event the prize will be awarded to an alternate Entrant with the next highest scoring Entry, at the Sponsor’s sole discretion (provided a sufficient number of eligible Entries are received).

  1. GENERAL: As a condition of being awarded the prize, the winner agrees to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in the Content, including, without limitation, all copyrights, and waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Content. Personal information submitted by Entrants is subject to the Sponsor’s privacy policy available at http://www.radisson.com/section/privacy.home/privacy.sidemenus. If you are determined to be the winner, your information may be included in a publicly available winners list. Entrants release the Contest Entities, and each of their affiliates and subsidiaries and each of their respective directors, officers, agents and employees (“Released Parties”), from any and all liability with respect to participation in the Contest or to acceptance or use (or misuse) of any Prize or to participation in any prize-related activities including travel related thereto or any use of the Content submitted by the Entrant. Released Parties are not responsible for lost, late, damaged, delayed, or incomplete Entries, Entries not received by the Entry deadline, interrupted or unavailable network, server or other connections, miscommunications, failed telephone, computer hardware, software and other technical failures of any kind, including injury or damage to any person’s computer relating to or resulting from participating in or experiencing any materials in connection with the Contest, unauthorized human intervention, garbled, jumbled or delayed computer transmissions or other errors of any kind, whether human, mechanical or electronic, including without limitation, the incorrect or inaccurate capture of Entry information online whether caused by Internet users or any of the equipment or programming associated with or utilized in this Contest, regardless of cause that may limit a user’s ability to participate in the Contest. Sponsor reserves the right, in its sole discretion, to disqualify any individual (and all of his or her entries) it finds or believes to be tampering with the Contest Entry process or the operation of the Contest; to be acting in violation of the Official Rules or in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirements of participation as stated herein or with any provision in these Official Rules. INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. Sponsor reserves the right to cancel or modify the Contest if fraud, misconduct or technical failures destroy the integrity of the Contest or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the program as determined by Sponsor/Administrators, in their sole discretion. In the event of termination of the Contest, a notice will be posted on https://www.radissonred.com/emerging-artist-competition/ and the judging and voting will be conducted from among all eligible, non-suspect Entries received prior to the time of termination. Proof of submitting an Entry will not be deemed to be proof of receipt by Sponsor. Use of any automated system to participate in violation of these Official Rules is prohibited and will result in disqualification in Sponsor’s sole discretion. Should multiple users of the same email account enter the Contest and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said account at the time of Entry will be considered the Entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address, by an Internet access provider, on-line service provider, or other organization which is responsible for assigning e-mail addresses or social media accounts or the domain associated with the submitted e-mail address. Except where prohibited by law, winner grants (and agree to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, voice and/or likeness and any Entry-related content, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation. By accepting a Prize, winner agrees (and agrees to confirm in writing) to release and hold Sponsor and the Released Parties harmless against any and all claims, damages, losses, expenses and liability arising out of awarding, receipt, possession, acceptance, redemption or use of any Prize. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest, and the acceptance or use of any Prize. Sponsor and the Contest Entities are not responsible for any typographical or other error in the printing, the offering or the announcement of Prize or in the administration of the Contest.

Entrants agree (and agree to confirm in writing) that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for St. Paul, Minnesota or the appropriate Minnesota State Court located in St. Paul, Minnesota; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (iii) under no circumstances will Entrant be permitted to obtain awards for and Entrant hereby waives all rights to claim punitive, incidental and/or consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Minnesota.

  1. WINNERS LIST: For the name of the winner, visit https://www.radissonred.com/emerging-artist-competition/ between December 21, 2016 and January 6, 2017.
  1. SPONSOR: Carlson Hotels, Inc., 701 Carlson Pkwy, Minnetonka, MN 55305, USA.

Non-U.S. eligible residents, please note: Participation in the Contest will be deemed to be express consent to receive commercial electronic messages from Sponsor or Administrators, and to transfer personal data to the United States for purposes of administration of the Contest and consent for personal information to be transmitted, stored and processed in jurisdictions outside of your jurisdiction of residence that may not have the same protections as your jurisdiction of residence. Personal information may be used to: (A) contact Entrants regarding the Contest in response to you soliciting such messages by entering the Contest; (B) publish an Entrant’s name and Entry in a Winners List, if they should win.  Entrants have the right to access, withdraw and correct their personal data. Entrants may request such action by sending a message to Radisson RED Emerging Artist Contest Opt-out Request c/o Carlson Hotels, Inc., 701 Carlson Pkwy, Minnetonka, MN 55305 U.S.A. For further information, see Radisson’s Privacy Policy http://www.radisson.com/section/privacy.home/privacy.sidemenus.

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