Terms & Conditions
Effective Date: August 31, 2024
All Entrants to The Material Works Art Award ( the “Competition Award”) run by Material Works Art LLC agree to be bound by the following terms and conditions.
Welcome to the Material Works Art LLC (“Material Works Art Prize”) Web site located at materialworksart.com (“Site”). The following terms of use (“Terms”) govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, you are not granted permission to use this Site and must exit immediately.
The information on this Site is for informational purposes only. Without limiting anything else in these Terms or otherwise, Material Works Art LLC is not responsible for any errors or omissions in the Site or Site Materials.
Materials Submitted to the Site via JotForm.com
The Site may allow you to contribute content, information, text, files, graphics, personal listings, messages, postings, and other materials and information for access, use, and commentary by other visitors to the Site (“User Content”). Material Works Art LLC does not claim any permanent ownership of your work. Artists retain all copyright to work submitted to the site. When you submit work to the Site, you grant Material Works Art LLC a limited license to display your work on the Site, across our social media network, in our email newsletters, and to promote future competitions and artist opportunities. If you believe that any content or postings on the Site violate your intellectual property or other rights, please contact us and send us a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
Payments to the Site
By participating in a competition on the Site via JotForm, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account. In order to make a purchase, Material Works Art LLC may use the services of third parties, including Paypal and Stripe.
Third Party Web Sites and Content
As set forth in Section 4 and Section 5, parties other than Material Works Art LLC may provide products, services or content on the Site, including the transactional services of Paypal and Stripe. Additionally, the Site contains links to other Web sites for the convenience of visitors in locating information, products, or services that may be of interest. Material Works Art LLC does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites. Material Works Art LLC does not endorse any product, service, or treatment provided on a third party website or advertised on the Site.
Privacy Policy
Information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy
Liability
Material Works Art LLC and its affiliates, subsidiaries or licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the Site Materials, User Materials, the services, products, information and other materials on and in and made available through the Site, regardless of legal theory, whether or not you or Material Works Art LLC had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. If you are dissatisfied with the Site, or with any of these Terms, or feel Material Works Art LLC has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
Indemnification
You shall indemnify Material Works Art LLC and its members, managers, founders, directors, officers, employees, agents, contractors and licensors against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site or services obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Materials, User Materials, the services, products, information and other materials on, in and made available through the Site, or any breach by you of these Terms and shall indemnify and hold Material Works Art LLC Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims.
Changes to these Terms
The Material Works Art LLC reeserves the right at any time to modify, alter or update these Terms at anytime. Notice of any new or revised Terms, as well as the location of the new or revised statement, will be posted on the Site for at least twenty (20) days after the change. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. Material Works Art LLC reserves the right to suspend or terminate your access to this Site and/or ability to use the services with or without notice for failure to comply with these Terms, for providing Material Works Art LLC ( and for “Material Works Art Award”) with untrue or inaccurate information about yourself, for infringement upon Material Works Art LLC proprietary rights, or for any other reason whatsoever or for no reason.
Competition and Award Terms
By entering the Material Works Art LLC Award Competition at materialworksart.com you hereby accept these competition rules. By entering a Competition via Jotform.com and materialworksart.com , you acknowledge that:
• You are 18 years of age or older
• The work contained in your submission is your own
• You will submit a valid entry prior to the posted deadline
• You will pay the $40.00 entry fee in full
Artists are eligible regardless of age, race, creed, color, religion, country of origin, gender, sex, sexual orientation, marital status, ancestry, disability, or veteran status.
By submitting your work to the Competition Award you agree that the information contained in your submission, including your name, email address, website address, artwork details, and social media handles may be collected and stored for the purposes of administering our open call competitions. At any time, participants may request the removal of their information by sending a message to our contact email.
To enter the Competition Award, you must submit a completed entry via Jotform.com prior to the published submission deadline. You must also pay a submission fee.
All submission fees are non-refundable.
Material Works Art LLC reserves the right, at its sole discretion, to disqualify any entrant who tampers with the entry process or violates these Terms. Material Works Art LLC also reserves the right to refuse any submission that, in its sole judgment, contains inappropriate, offensive, or otherwise unsuitable content.
Participants are solely responsible for ensuring that their submissions do not infringe any third-party rights, including copyrights, trademarks, and privacy rights. By entering, participants represent and warrant that their submission is their original work and does not violate the rights of any third party. If Material Works Art LLC is made aware of any copyright infringement claim, the submission will be immediately disqualified, and the participant may be liable for damages.
All entries will be reviewed and presecreened by our team. Our team will select artists to feature on our social media channels while our Competition Award is accepting submissions. Unfortunately, not all submissions will be featured on our social media channels. Social media features are selected at the sole discretion of our team. Participating in the Competition Award does not guarantee a social media feature for your work. Whether or not your entry is selected by the team for a social media feature has no bearing on your standing in the competition. The jury’s selection begins after the submission deadline.
Withdrawal:
If you wish to withdraw your submission from the competition, you must send a written request to materialworks.art@gmail.com before the submission deadline. No refunds will be provided for withdrawn submissions.
Collated submissions to the Competition Award will be shared with our jurors (e.g. our founder, and invited arts professionals ) after the submission deadline. Our founders and jurors will review submissions and select, at their sole discretion, winning and shortlisted artists. The decision of Material Works Art LLC and it’s founder and jurors is final, no correspondence or discussion will be entered into.
The full name, artist statement, biography, and portfolio of winners and finalists will be archived on a dedicated page at materialworksart.com
The winner will be notified via the email address provided during submission. If a winner does not respond within 5 business days, Material Works Art LLC reserves the right to select an alternate winner. It is the responsibility of participants to ensure that their contact information is accurate.
Awards will be paid by paper check in the US and electronic funds transfer internationally within (15 days) of the Award Announcment. Unless otherwise specified directly by Material Works Art LLC.
Tax Responsibities
Please be advised that Material Works Art LLC and the Material Work Art Award is a purchase award, the Award is exchanged for an original artwork by the selected winning artist. In compliance with the IRS, US federal and state tax regulations require any award payments over $600.00 to be reported. A W-9 form must be filled out by the winner and submitted. Material Works Art LLC is not responsible or liable for any IRS misfilings and associated fees. Material Works LLC will not withhold taxes on behalf of the particiapant, and it is the particiapant’s resoponsibility to comply with all federal and state tax regulations International participants are responsible for any tax liabilities, customs duties, or additional fees in their respective countries. Material Works Art LLC will not withhold taxes on behalf of international participants, and it is the participant’s responsibility to comply with their country’s tax regulations.
The selected artist agrees to exchange, pack and ship an original and available “artwork” to the Material Works Art LLC in Chicago, IL USA once awarded as the winner within ( 60 days ) of award announcement. The “artwork” will be negotiated and selected by the Material Works Art LLC jury, and founder(s) and the selected winning artist. Shipping costs will be reimbursed, and covered by the Material Works Art LLC. Material Works Art LLC is not liable for any lost or damaged packages in any and all cases of shipping and handling.
Shipping Liability
Artists are responsible for ensuring the safe and secure shipment of their work to the address provided. Material Works Art LLC will cover the cost of shipping via a pre-determined method but is not liable for any damage or loss occurring during transit. Artists are advised to purchase insurance for the shipment.
The “artwork”is acquired into the Material Works Art LLC Collection all rights reserved by the “artist”, the Material Works Art LLC not liable for any lost, stolen, or damages to and by the “artwork” at any point once the “artwork” ships and enters our collection.
Upon receipt of the artwork by Material Works Art LLC, full ownership of the physical artwork will be transferred to Material Works Art LLC. However, the artist retains intellectual property rights, including copyright. Material Works Art LLC will not be responsible for any damage or loss of the artwork during shipping, and it is the artist's responsibility to insure the work.
By entering the competition award, you warrant that you are the sole copyright owner of the work submitted and that you have the right to enter the photograph into the competition.
The Material Works Art LLC assumes no responsibility for any incorrect, inaccurate or incomplete information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Competition Award, and The Material Works Art LLC assumes no responsibility for technical, hardware or software failure of any kind, for lost network connections or other problems or technical malfunctions with regard to the Competition Award.
In no event will Material Works Art LLC its founder(s), members, event partners or its officers, directors, employees, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential, special or punitive damages arising out of any contestant’s access to and use of the website and participation in the competition. Without limiting the generality of the foregoing, everything on the Website is provided “as is”, without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for purpose or use or non-infringement.
The legal rights and obligations of these Terms shall be governed by the laws of the State of Illinois, USA. Any disputes that arise will be subject to the exclusive jurisdiction of the state and federal courts located in Chicago, Illinois. Any disputes arising out of or related to the use of the Site and Competition Award, including claims or controversies arising under these Terms, shall be resolved through binding arbitration in accordance with the American Arbitration Association (AAA) rules. By entering the Competition Award, participants waive their right to a trial by jury or to participate in a class-action lawsuit.
Material Works Art LLC is not responsible for any failure to perform due to unforeseen circumstances or causes beyond its reasonable control, including but not limited to, natural disasters, strikes, war, or internet failures, or governmental actions. Material Works Art LLC also reserves the to hold, voild , suspend, cancel , or amend the Competition Award when nescessary to do so. In the event of cancellation, delay, or modification of the Competition Award due to events beyond the reasonable control of Material Works Art LLC (such as pandemic, natural disaster, or governmental orders), participants will be notified, and any changes will be posted on the website. No refunds or compensation will be provided due to such cancellations.
Relationship
The relationship between all and us is only that of independent contractors. No agency, partnership, joint venture, employment, or exclusive relationship is created or implied by these terms or any activity related to the competetion award.
Contact Information
Material Works Art LLC is the sponsor of the Competition Award. If you have any questions or would otherwise like to contact us about the Award, these Rules, or how to use our website, please email us at materialworks.art@gmail.com