Competition Terms and Conditions
By entering this competition, you hereby agree to the following terms and represent and warrant to Agora Gallery (“Agora Gallery” or “us”) that all registration information you submit is truthful, accurate and:
- Eligibility - The competition is open for Latin America, the Caribbean, Spain, Portugal, the Latin American diaspora, and foreign artists living and working in any of the above regions/countries, of 18 years of age or older whose use of agora-gallery.com does not and will not violate any applicable law or regulation, or any agreement to which they are a party. Employees of the Latin American Contemporary Fine Art Competition and sponsors are not eligible to enter.
- Copyrights – All of the images that you will be submitting are images of original artwork created by yourself or are artworks created by an artist who authorized you to submit the images on his/her behalf. Images submitted by you do not violate the privacy rights, publicity rights, copyright or other intellectual property rights of any person or entity. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting our rights, it is our policy to terminate all relations with any artist who infringes copyright upon our receipt of a notice of infringement from the copyright owner or the copyright owner’s legal counsel.
- Artwork Subject Matter - The artwork which will be uploaded by you will not include material that is pornographic, sexually explicit, violent and/or racist.
- Juror – If for any reason an announced juror is unable to judge the entries, the entries will be judged by the remaining jurors and/or alternate jurors.
- Jurying - Judging will be ‘blind’. Individual scores from judges will be averaged to produce a single score for each entry. No names or other indicators will be shown in judging to lead to the entrant and no names or other indicators are allowed on the Entry that could indicate who is the author of the Entry.
- Selected Artists – If your work is selected it will be your exclusive responsibility to deliver the actual artwork to the gallery and to make sure it is framed and/or gallery wrapped and ready to be displayed. You agree that you will follow all of Agora Gallery’s procedures for promotion and exhibitions and that Agora Gallery has the exclusive right to revoke your participation if those instructions are not followed. Click here to review the document that you will be required to sign if you are selected for an exhibition. If you’re not able to have the artwork shipped to the gallery, Agora Gallery will provide a monitor to display your artwork in the exhibition at no additional cost. Monitors will be provided to the first 3 selected artists who request them. On each monitor, we may display up to 5 images of your artwork.
- Awards - Awards for the selected artists are described at the awards page on the competition website at the following link: http://www.agora-gallery.com/competition/latin-american/latin-american-awards/.
There are no alternatives available for award winners. Awards recipients are responsible for any import taxes or levies payable on receipt of the awards in your own country. All awards must be collected no later than 30 days from the announcement of the results.
- Artwork sales - The gallery’s commission structure is 50/50: the artist receives 50% of the list/retail price and the gallery receives 50% of the list/retail price. In addition, 15% of Agora Gallery proceeds from the sale of artwork from the competition exhibition go to a selected charitable organization.
- Usage of Images – We will have the right to publish images of your artwork selected by the jurors on our websites and other advertising channels to promote future competitions and your artwork.
- Retention of Images - By uploading your artwork, you authorize us to retain the images of such uploaded artwork in our system until the conclusion of the competition. You further authorize us to retain such images following the conclusion of the competition. We are retaining these images in order for you to be able to easily submit them to other competitions in the future. At any time, after the conclusion of the competition, you may send us an email at RemoveImages@Agora-Gallery.com requesting that we delete such images. We will confirm the receipt of the email and your images will be deleted within 10 business days after your receipt of our confirmation.
- Changes in Schedule - Agora Gallery reserves the right to change competition deadlines and dates due to circumstances beyond its reasonable control.
- Fee – You agree that all competition fees are non-refundable.
- Accepted media and not accepted media - Painting, drawing, sculpture, photography, digital, printing, and mixed media are eligible. Please note video art, film, performance art, jewelry, and crafts are not eligible.
- Exhibition Location - The competition exhibition may be held in any Agora Gallery location in Chelsea.
- Limitation of Liability – In the event that you bring a lawsuit or assert in any forum any claim whatsoever against Agora Gallery, its agents, employees, representatives and/or officers, in connection with and/or arising from any claims that are in any way related to your participation in the competition and/or our relationship with you in any manner whatsoever, the maximum amount of damages to which you shall be entitled on all of your claims in the aggregate shall be the greater of either (a) the insurance proceeds received by either you or Agora Gallery in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by the insurance policy, no more than the total amount actually paid by you to us in connection with your entry.
In the event that you commence a lawsuit or other legal proceeding against Agora Gallery or any of Agora Gallery’s owners, officers, employees, agent, representatives or affiliates in connection with and/or arising from any claim whatsoever relating to the competition and/or our relationship with you in any manner whatsoever; a) you hereby unconditionally consent to the exclusive jurisdiction of the state and federal courts located in the State of New York, New York County, b) New York law shall apply for the adjudication of any such claim and c) Agora shall be entitled to recover from you all of its costs and expenses relating to any such proceeding including, without limitation, its attorneys’ fees.
- Indemnity - You agree to indemnify and hold Agora Gallery, its owners, subsidiaries, affiliates, officers, agents, representatives and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, relating to any claim made by any third party due to or arising out of your violation of any of the foregoing terms and conditions and/or any breach of your covenants, representations, and warranties set forth above.