TERMS & CONDITIONS
AFRICA WILDLIFE ARTIST OF THE YEAR 2023
1. The within terms and conditions (the “Terms and Conditions”) relate to
an art competition entitled the “Africa Wildlife Artist of the Year” (the
“Competition”) which Fine Art Gallery, Swakopmund, Nambia, (The
Gallery) intends to run during 2022/2023 and from which the Gallery
shall select 100 works to be exhibited at Fine Art Gallery, Swakopmund,
Namibia (the “Exhibition”).
By entering this competition, the entrant (the “Artist”) accepts these terms
and conditions as set out hereinafter and the entrant further accepts that the
terms and conditions of this competition may be altered, amended, varied or
otherwise modified by the gallery at any time up to and including the final
determination of the competition and that such alteration, amendment or
variation may be made orally or in writing and at all times the terms and
conditions are at the sole discretion of the gallery.
The Competition is open to all living artists over the age of 18 years old on
1st January 2022 and entries are permitted from anywhere in the world.
The competition shall open at 10am on 28 October 2022 and shall close at
midnight on 31 January 2023. Entries received after this date and time shall
not be considered for entry under any circumstances.
In order to enter the competition, all entrants shall complete an online
application form at https://www.art-in-namibia (the “Entry Form”) and follow all
directions therein. All images uploaded for the purposes of completing the
entry process shall not be manipulated or otherwise artificially or digitally
enhanced by the Artist.
The submitted entry (the “Work”) must be an original wildlife art piece, in any
medium but not including digital, photographic, video or live performance art.
There is no restriction to size of the work, but the Artist must take into account
that work that is too large may not be accepted due to logistics such as the
size of the Gallery premises. The Competition is open to both 2 dimensional
and 3 dimensional works. All entered work must have been completed within
the last 2 years. The work selected for exhibition must be available from
20 February 2023 – 24th March 2023. While the gallery shall endeavour to
provide advance notice to all entrants with respect to key dates and timelines,
the gallery reserves the right to make such alterations and changes to key
dates as are reasonably necessitated.
The work must be entered by the Artist without exception.
Work that does not fit within the Conditions of Entry will not be admissible and
will not be considered for exhibition. The Gallery shall retain full and sole
discretion over every question as to the admissibility or otherwise of any
given work. The following are examples (without limitation) of inadmissible
works: a. Copies of original works; b. Works that are in breach of copyright (or
reasonably considered by the Gallery to create a risk of infringing upon a
copyright; c. Works that have been previously exhibited; d. The work is
incomplete; e. Work, that in the reasonable view of the Gallery, contain
noxious or toxic substances, are flammable below 50°C or incorporate
dangerous electrical equipment or are otherwise considered inconsistent with
safe exhibition, handling or storage;
Artists are reminded that all work submitted must conform to all health and
safety standards and regulations.
In addition, the Gallery reserves the right to disqualify a work, where in the
reasonable view of the Company: a. The work does not meet any of the entry
criteria; b. The Artist cannot be contacted; c. The Artist does not respond
within 48 hours of being contacted by the Gallery.
The judges shall be appointed by the Gallery in such number and of such
qualification as it sees fit at its sole discretion. The Judges’ decision shall be
final and no correspondence will be entered into. All works will be judged
anonymously and there will be no segregation by country, genre or style etc.
The Gallery shall endeavour to notify successful Artists who will be invited to
have their work exhibited (the “Selected Artist(s)”) on or shortly after 15
February, 2023 or such other date as the Gallery, at its absolute discretion,
shall elect (the “Notification Date”). On or shortly thereafter the notification
date, all selected artists will be contacted and provided with full delivery
details and the relevant dates. The delivery of the work to and from the
exhibition is the responsibility of the artists. The Company may seek
verification of the Artist’s eligibility to enter the competition and may be
required to provide further high quality images of their work for marketing or
promotional purposes.
All work should be delivered unwrapped, when delivering in person. Framing
or mounting of works, if required for exhibition, is also the responsibility of the
artist and must be carried out prior to delivery. Works not requiring framing or
mounting must be suitably protected to avoid damage in transit and clear
indication should be given as to how the work could be presented. A full list of
recommended carriers will be available for artists selected for exhibition.
The return of unsold work after the exhibition is also the responsibility of the
artists. The Gallery reserves the right to dispose of any works after the
exhibition that have (i) not been collected by the artists or (ii) where the artists
have made no attempt to collect their work within 3 months of the collection
date.
Entries shall be sent: a. By post or courier: to arrive by 25 March 2023 at Fine
Art Gallery, Swakopmund, Namibia.
As regards Artists who are not resident in Namibia or concerning entries that
emanate from outside Namibia, all selected artists will be contacted after the
selection with full delivery details and dates. The delivery cost of the work to
and from the exhibition is the responsibility of the artist and the artist shall be
responsible for any import custom charges and duties. Framing or mounting
of works, if required for exhibition, will be negotiated between the Gallery and
the Artist. Works not requiring framing or mounting must be suitably
protected to avoid damage in transit and clear indication should be given as
to how the work could be presented.
Value Added Tax (VAT) or other tax or charge may be levied at the port of
entry in Namibia, and the Gallery must not be listed as importer of the work.
The artist agrees to indemnify the Gallery for any charges or taxes incurred
by it as a result of the importing of the work for the purposes of display in the
Exhibition. It is recommended that work be consigned through an accredited
agent for delivery. Artists are required to ensure that their agents are fully
aware of these terms and conditions of entry.
The return of work after the exhibition is also the responsibility of the artists,
including any custom charges and duties. The organisers will endeavour to
retain packaging for international work. Artists are reminded to clearly mark
their packaging with their name. The Gallery, reserves the right to dispose of
any works after the exhibition that have not been collected by the artists or
where the artists have made no attempt to collect their work within 3 months
of the collection date.
All artists selected for exhibition will be invited to the Opening night of the
exhibition.
The Gallery accepts no liability howsoever arising for entries that are delayed,
misaddressed or impaired, damaged, or incapable of transport.
The artist shall be responsible for all costs associated with creating the work.
By completing the entry form, the Artist agrees to the Gallery collecting,
retaining, processing, or otherwise utilising the Artist’s personal information
solely for the purposes of processing the Artist’s entry to the competition, the
promotion and administration of the competition and the creation of the
exhibition. The Artist’s personal information will not be shared with third
parties or otherwise processes for alternative purposes without the Artist’s
consent.
If the Artist is informed that their work has been selected, the Gallery shall be
entitled to receive verification from the Artist of details pertaining to any and
all legal proceedings (either civil or criminal) that may be in being, or
contemplated against the Artist. Should any related details change materially
during the course of the competition, or where any information concerning the
Artist becomes materially inaccurate between time of entry and the end of the
competition / exhibition, the Artist shall bring such changes to the attention of
the Company without delay. It should be noted that all such sensitive
personal data shall be treated with the utmost confidentiality by the company
and shall not preclude the Artist from competing. All such decisions remain at
the discretion of the Gallery.
By completing the entry form and by providing any further information to the
Gallery in relation to the competition, the Artist warrants that all such
information supplied is truthful, accurate, and not misleading or otherwise
incomplete. Where it reasonably or justifiably appears to the company, that
the Artist is in breach of this warranty, or where the company understands or
apprehends there to be a risk that the Artist, has or will bring the competition
or the Gallery into disrepute, the Gallery shall be entitled to take such steps
as are necessary to conclude the Artist’s involvement in the competition
forthwith.
The Artist shall not make, or permit any person to make, any public
announcement, communication or circular (announcement), be it verbal,
written or howsoever broadcast on any platform to include (without limitation)
social media, on or concerning the existence, subject matter, results or terms
of the competition, the wider transactions contemplated by it, or the
relationship between the parties, without the prior written consent of the
Gallery save where such information is already in the public domain or the
express written consent of the Gallery is provided. Breach of this section shall
be treated as a breach of confidentiality and shall be considered a material
breach of these terms and conditions.
Any Competition monies awarded to winning artists is paid gross of all taxes
and charges.
Africa Wildlife Artist of the Year (Judges choice) will be awarded N$10 000
and a solo exhibition at Fine Art Gallery, Swakopmund, Namibia in 2024
Africa Wildlife Artist of the Year (People’s Choice Award)
The “People’s Choice Award” shall be determined and awarded in a fashion
determined by the Gallery alone after all votes have been tallied both online
and in Gallery.
Notwithstanding the above, prize quantum and composition remains at all
times at the sole discretion of the Gallery.
It is the responsibility of the winning artists to declare, if relevant, such
winnings as income to their local tax authorities and the winning artists shall
be wholly liable for any taxes payable and shall indemnify and hold the
Gallery safe and harmless from all claims relating to such taxes and charges.
The Gallery shall in no circumstances be liable for any taxes payable on such
awards.
Artists are responsible for paying all travel costs and expenses incurred if
they wish to attend the Exhibition.
Works selected for exhibition will be offered for sale. The Artist must ensure
that the price of the work includes the Gallery commissions and the donation
to the nominated Wildlife Charity Organization. The structure of the split
between the 3 entities must be completed by the Artist on the entry form.
A red spot will be used to indicate to the public that the work is sold.
During the exhibition the artists will be contacted by the organisers to make
arrangements for the collection or return of their work if unsold. International
artists are reminded that they are responsible for the cost of return of their
work including any customs or export duty. Any works not collected by the
artists will be subject to storage charges. The Gallery reserves the right to
dispose of any works after the exhibition that have not been collected by the
artists or the artists have made no attempt to collect their work within 3
months of the collection date.
Whilst the Gallery shall use reasonable skill in all circumstances in handling
artists’ works, occasional damage to works may occur. The Gallery shall have
no liability whatsoever for any loss, damage or destruction (including loss of
profits or any other consequential loss, indirect or incidental losses) to, or
relating to, a work of art submitted for exhibition unless such loss arises as a
direct result of negligence by the Gallery. The Gallery’s total responsibility in
connection with these conditions of entry (whether from negligence, tort,
breach of contract or otherwise) shall not exceed the lower of the value of the
work of art as stated on the Entry Form (if provided) or the value as
determined by an independent valuer selected by the Gallery.
It is highly recommended that the exhibiting artists insure with a reputable
insurance company, their works of art for their market value.
Each artist, by entering the Africa Wildlife Artist of the Year, confirms that they
hold all intellectual property rights in the work and that they have obtained
prior written approval for the use of any third party copyrighted material
contained in the submitted work.
Without prejudice to the within terms, the Gallery recognises that the
copyright in all works created by the Artist remains with the Artist, however it
is a necessary condition of entry, and by so entering, the Artist hereby agrees
to grant all necessary rights licences, approvals and authorisations to the
Gallery to include, inter alia, the Artist’s work in any footage recorded or
captured during the competition / exhibition, including the right to use such
images for the promotion of the competition, exhibiting the work publicly,
referring to the work on digital platforms in the control of the Gallery, its
affiliates or subsidiaries or parents, and for the avoidance of doubt, the Artist
hereby grants the Gallery with a non-exclusive, worldwide, royalty free licence
to use and publish such footage or materials obtained or others materials in
electronic format for purposes connected solely with the competition. Where
further consent is necessary from the Artist, it shall not be unreasonably
withheld.
The Gallery shall be at liberty to assign or licence their rights in such footage
or other materials without the prior consent of the Artist and the Artist hereby
agrees to forego all injunctive or other legal remedies with the intent of
restraining the use by the company of all footage or material obtained, in any
jurisdiction. The Artist is hereby notified of its entitlement to obtain
independent legal advice prior to the entry of this competition, whether the
Artist choses avail of such advice or not.
Artists will allow the work to be photographed and reproduced by the Gallery
for the purposes of promoting the exhibition including; catalogue, press and
publicity and websites in all territories. Copyright of all works remains the
property of the artist. Any enquiries for copyright will be referred to the artist.
In accordance with Data Protection (and all other relevant Data Protection
legislation as may be enacted from time to time), the Company will hold the
personal data of artists supplied on the Entry Form securely. The data will
only be used in the process of administering the Africa Wildlife Artist of the
Year competition and will not be transferred to any third party not directly
involved in this Exhibition.
By entering the Africa Wildlife Artist of the Year, artists are agreeing to all of
the within Conditions of entry. The Gallery’s decision on all matters pertaining
to the above is final. The Gallery reserves the right, at any time, and from
time to time to amend, modify, vary, or discontinue the terms of this
competition.
This competition and the within terms and conditions, and all questions
relating thereto shall be governed by Namibian law and shall be subject to the
non-exclusive jurisdiction of the courts of Namibia.
