Sponsored by Park West Gallery

1. Cost

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. VOID OUTSIDE OF THE STATE OF HAWAII AND WHERE PROHIBITED OR RESTRICTED BY LAW.

2. Contest Overview

Park West Gallery is (“Sponsor”) of the Park West Gallery Hawaii Artist Contest (“Contest”). Park West Gallery Hawaii Artist Contest is an online art competition for visual artists. The Contest is open to artists who live in the state of Hawaii and are 18 years and older. Entrants will be able to upload three images of their artwork, and a description of their work for judging by panel review. The top ten (10) entrants, to be determined in the sole discretion of Park West’s panel, will be presented for public voting. The top three (3) finalists who receive the most public votes will move on. The winner will be decided in the sole discretion of Park West’s panel. Park West reserves the right not to present any entry for public voting. Park West reserves the right to declare no winner. The winner will receive an offer for a 1-year artist contract with Park West Gallery (terms and conditions to be determined in Park West’s sole discretion). Park West Gallery (Sponsor) will publicly exhibit the winning entrant’s works in its Park West Fine Art Museum & Gallery Hawaii. All interpretations and enforcement of the Official Rules, Eligibility and Submission Guidelines shall be made by Sponsor in its sole discretion and are at all times final

3. Registration Period

Contest registration period commences at 9:00:00 AM HST on September 20, 2021 and ends at 11:59:00 PM HST on October 11, 2021 (“Registration Period”). All entries must be received by 11:59:00 PM HST on October 11, 2021, (“Registration Period”) 

4. Eligibility

The Contest is open to individuals living in the state of Hawaii. Entrants must be at least 18 years of age or older at the time of entry to enter the Contest. Entrants must not be at time of entry, during Contest Period or at time of Prize (hereinafter defined) fulfillment and acceptance, a party to any agreement that might present a conflict or interfere with Entrant’s participation in the Contest and/or acceptance of the Prize. Sponsor reserves the right, in its sole discretion, to disqualify any Entrant in Sponsor’s discretion. By participating in this Contest, Entrants: (i) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (ii) acknowledge compliance with these Official Rules; (iii) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (iv) agree to release and hold harmless Sponsor including Park West and all its employees and agents, Judges and any entity involved in the creation, operation, or fulfillment of the Contest and their respective agents, employees, elected officials, officers, directors, successors and assigns (“Sponsor”) from and against any and all claims, injury or damages arising out of or relating to participation in Contest and/or the use, misuse or redemption of the Prizes, and for any claim, including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related cause of action, including any claim to any prize.

5. To Enter

Entrants will complete entry via instruction on-line at the website and email submission. Mailed entries will not be accepted. Entries not submitted in the following formats may be subject to disqualification. Entrants must (i) submit three (3) 2D artwork including drawing, painting, print, collage, illustration or digital creation, for consideration in the following format: digital full-color photograph of original work; file uploaded as a high resolution .jpg or .png format; (ii) indicate description for each work: title, the medium used, and brief description. In the event of a dispute over who submitted a winning online entry, the authorized subscriber of the e-mail account, used to participate in Contest at the actual time of entry, will be deemed to be the Entrant. The authorized account subscriber for online Submissions is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Proof to Sponsor’s satisfaction of being the authorized account subscriber may be requested by Sponsor.

6. Submission Guidelines

All contents of Entrants’ Submissions, including but not limited to, content, text, images, graphics, photographs, captions and descriptions, hereinafter referred to as (“Submission” or “Submissions”), must be completely original to Entrants and must not have been taken or composed, in whole or in part, from any other source other than Entrant. Entrants each warrant and represent that any submission shall be the original work for the Entrant and shall be original to the Entrant without violating any intellectual property right, including copyright, of any other party. Entrant agrees to indemnify and hold harmless Sponsor against any claim arising out of Entrant’s submission.

Submissions must not include, depict or involve any of the following: obscenity, inappropriate language, explicit sexual activity, illegal drug use, material that is hateful, tortuous, defamatory, slanderous, libelous, or otherwise unlawful, material that promotes bigotry, racism, hatred or harm against any group or individual, or promotes discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age, including but not limited to and any other content, including but not limited to, text, images, graphics, photographs, captions and descriptions, data, codes, and programs that could be considered inappropriate or offensive, as determined by Sponsor in its sole discretion. Submissions must not include any images protected by copyright or trademark law, including brand names, logos, graphics, pictures, or text or other property belonging to a third party unless the Entrant can provide Sponsor with a written authorization to use such third-party content for this Contest. Additionally, Submissions may not violate an individual’s rights, including but not limited to the right to privacy or publicity.

Sponsor reserves the right, in its sole discretion, to disqualify any Submission that it deems to be a violation of any of Contest Official Rules or that are not in keeping with Sponsor’ image. Sponsor may request Entrant to modify their Submission so that such Submission meets the Official Rules. Sponsor is not obligated to use, publish, or display or broadcast any Submission.

By entering the Contest, each Entrant represents and warrants that: (a) it has all rights to the contents of Submission and all components thereof, and that Entrant has obtained all rights, consents, and permissions, including, but not limited to, those of any persons that may have participated in Submission, necessary to grant the rights granted herein; (b) that the Submission, in whole or in part, has not been released commercially; (c) the Submission does not and will not violate any law, statute, ordinance or regulation; (d) the Submission is free and clear of any and all liens or claims with respect to the use of the Submission in the manner authorized herein, and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever; (e) the Submission is not and will not be defamatory, libelous, pornographic or obscene; and (f) the Submission complies with all Contest Official Rules.

All Entrants agree that in consideration for being permitted to enter this Contest, they grant Sponsor, and their respective representatives, in whole or in part, the right to verify any documentation necessary to prove their residency and/or age as specified in the Official Rules during the Contest period.

Entrants also agree to obtain, upon request from Sponsor, any documentation necessary to prove their unrestricted ownership in all contents of Submission and their right to use Submission as specified in the Official Rules.

Entrants retain all right, title and interest which the Entrant may have in and to their Submission, including copyright and any other intellectual property rights. By virtue of submitting an entry, Entrants grant Sponsor an irrevocable license to display and publish each Submission in whatever manner and mode Sponsor deems appropriate in its sole discretion. Sponsor shall have the right to depict, display, publish or otherwise promote every Submission in print, on the internet, or otherwise. Winners must authorize the display of their Submissions during the time periods provided herein.

Submissions will not be returned, and receipt of Submissions will not be acknowledged.

7. Judging

Contest judging will consist of:

(i) a group of Judges which will include but will not be limited to artist representatives of Park West Gallery and business professionals. The Judges will evaluate all qualified entries using their discretion on the following criteria: (A) creativity; (B) overall artistic impact; and (C) skill, mastery of the medium. The Judges will determine the top ten (10) entries.

(ii) The top ten (10) entries will be submitted for public voting to determine which of the ten entries are the three “Finalists.” Voting will occur in person at Park West Fine Art Gallery & Museum in Hawaii. A person may only vote once. The three “Finalists” who receive the most public votes will be eligible to become the winner, who will be decided by a group of Judges which will include but will not be limited to artist representatives of Park West Gallery and business professionals.

The prizes will be based on all of the evaluation criteria specified in these Official Rules, to be determined in the judge’s sole discretion. All interpretations of these Official Rules and decisions relating to the Contest made by Sponsor are final.

8. Finalist Selection and Notification

Before the announcement of the Finalists Sponsor will make up to three (3) total attempts over a 48-hour period following the Judges’ review to contact the Finalists via the telephone number(s) and/or e-mail(s) provided on his or her Submission form. If a Finalist cannot be reached directly during the 48-hour period in which he or she is contacted, the potential Finalist will be disqualified, and an alternate Finalist may be selected, in Sponsor’s sole discretion, from among the remaining applicable Eligible Submissions received if time permits. In addition, Sponsor reserves the right to select an alternative Finalist in the event that any potential Finalist fails to comply with these Official Rules, or to decline to award a prize at all.

9. Winner Verification

The Finalists must prove eligibility, including, without limitation, proof of age, residence and identity, which may include submitting a copy of a driver’s license, passport or similar government issued identification within two (2) days of being notified as a potential Finalist. In the event of non-compliance by the Finalist, such Finalist, shall be disqualified and all privileges otherwise due as the Finalist shall be terminated and an alternative Finalist may, in Sponsor’s sole discretion, be chosen from among all of the eligible entries. To be eligible to be declared a Winner the Finalists must sign, within three (3) days of receipt of such documents from Sponsor: (i) an Affidavit of Eligibility/ Release and Permission to Display the Artwork; and (ii) a publicity release granting Sponsor the right to use Finalist’s name, picture and/or likeness, or biographical information or voice for trade, advertising and publicity purposes, in any media now or hereafter known, throughout the world in perpetuity without additional compensation or consideration or notification; providing Finalist is in compliance with the Official Rules Sponsor expressly reserves the right to delay the announcement of the Winners for any reason Sponsor deems necessary.

10. Prizes

The winning entrant will be exhibited for a minimum of three months at the Park West Fine Art Museum & Gallery Hawaii. Sponsor may incorporate the winning entries into Public Service Announcements in order to promote the Contest. Sponsor may display the Winners’ names when their winning entry is exhibited and all Entrants grant consent to use of their names and images by virtue of entering a Submission. Sponsor may publicly recognize Winners by name and publicly recognize Winners’ artistic talent.

In the event of a tie or dispute or for any other reason that Sponsor deems necessary, determination of the Finalists and Winners will be made by Sponsor in its sole discretion. Sponsor disclaims any liability from any Entrant and all Entrants agree to waive any claims against Sponsor relating to the judging, the award process or regarding any Prize.

11. General Terms

Sponsor is not responsible if Contest cannot take place, or if any Prize cannot be awarded for any reason including without limitation delays, interruptions, or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of Sponsor. If, for any reason Contest is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which, in Sponsor’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend Contest or any part of the Contest. Sponsor reserves the right to modify and amend these Official Rules from time to time during Contest for clarification purposes without materially affecting the terms and conditions of the Contest. If Contest is terminated prior to the expiration date stated herein, notice will be posted on the website and the Finalists and a Winner may be selected from among all Eligible Submissions received up until and or after, if applicable, the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Sponsor.

Entrants agree to indemnify and hold harmless Sponsor from any and all liability arising out of or relating in any way to Entrant’s participation in Contest and to release all rights to bring any claim, action, or proceeding against Sponsor. Sponsor assumes no responsibility for and will disqualify Submissions that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, damaged, destroyed, delayed, misdirected (e-mail and mail), that have incorrect or inaccurate Submission information, whether caused by any of the equipment or programming associated with or utilized in Contest, or by any human, mechanical or electronic error which may occur in the processing of the Submissions in Contest. Sponsor assumes no responsibility for any typographical or other error in the printing of the offer, administration of Contest, errors in processing entries, identifying the Winners, in the announcement of the Prizes and Winners, and the delivery of the Prizes, any problems or technical malfunction of any telephone network or lines, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to Entrants’ or any other person’s computer system/software related to or resulting from participation or downloading any materials in Contest. The use of any device to automate or subvert Submission is prohibited. No software-generated, robotic, programmed, script, macro, or other automated online entries are permitted, and any Submissions received by such means will be void. Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software-generated, robotic, programmed, script, macro or other automated online entry; (ii) to have tampered with the Submission process or the operation of Contest; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iv) to display behavior that will bring such Winner or Sponsor into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with Contest; or (vi) to be acting in violation of these Official Rules.

ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE CONTEST AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. EXCEPT AS OTHERWISE REQUIRED BY LAW OR COURT RULE, VENUE IS PROPER IN THE COURTS SET FORTH ABOVE. THE LAWS OF THE STATE OF HAWAII SHALL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THESE COURTS.

All interpretations and enforcement of the Official Rules, Eligibility and Submission Guidelines shall be made by Sponsor in its sole discretion and are at all times final.

13. Sponsored By

This Contest is sponsored by Park West Gallery, 29469 Northwestern Hwy, Southfield, MI 48034.