1HeartArt HOPE Art Challenge, Official rules 

 

Challenge Requirements: 

Challenge is open to family members, friends, loved ones, or any other person authorized by a current or former inmate artist from of a U.S. prison or jail. (see “Official Rules”) 

Artwork must prominently depict the theme: “Hope”

Artwork must be on a flat, 2-dimensional surface and feature an image symbolizing hope, with any media.

Do not send original artwork with your entry (If you are chosen as one of the 3 winners you may be asked to donate your original piece of art and you will be instructed on how to submit). Only a digital image with at least a 300 dpi resolution will be considered for entry. 

You may enter as many paintings as you wish, but separate submission forms must accompany each digital image.

Challenge winners may donate and ship their original artwork to 1HeartArt Inc. to be auctioned by 1HeartArt Inc. To obtain reimbursement for reasonable shipping costs, winners must submit a receipt for their shipping costs to 1HeartArt Inc. 1HeartArt Inc. will not reimburse Challenge participants or winners for the costs of art supplies and materials or for the costs of digital image preparation of submitted artwork. 

Challenge winners that submit pastel artwork must spray paint with fixative and wrap in additional tracing paper to protect during transportation. 

Winners must sign a liability and publicity agreement with 1HeartArt Inc

By entering, you agree to be bound by the complete Official Rules for the Challenge and the additional Terms and Conditions printed below. 

 

Terms & Conditions: 

By signing and submitting this form, I, the Artist or Artist Representative, acknowledge that I have read and agree to be bound by these Terms & Conditions and the Official Rules of the Challenge. I understand that I will retain the copyright in the submitted artwork. However, by entering the Challenge, I hereby grant 1HeartArt Inc. the following rights: 

1HeartArt shall have non-exclusive first worldwide publication rights in and to all entries for the period up to winner selection and 1HeartArt shall retain non-exclusive first worldwide publication rights in all winning entries for the period up to the availability for art sale on the 1HeartArt website.

1HeartArt may elect to sell the paintings at a charitable fundraising auction event. If it does so, all proceeds of the auction sale will benefit the family, loved one, or friend of the inmate artist and 1HeartArt, a non-profit entity, and other non-profit entities. 

Following non-exclusive first publication of winning entries on the 1HeartArt website, 1HeartArt shall have the nonexclusive worldwide right and license, in perpetuity, to reprint, make copies, distribute, publish, archive, publicly display and otherwise use the winning paintings, and any derivative works created there from, in whole or in part, for any commercial or promotional purpose, through any media or medium now known or developed in the future, including without limitation, microfilm, microfiche, electronic, magnetic or optical media, the internet, CD-ROM, and retrievable computer database (regardless of whether the artwork may be accessed individually or in conjunction with other materials), without limitation and further compensation for the family, loved one, or friend at 50% of sale profits. 1HeartArt also may authorize and/ or sublicense others to do the same. 

With respect to any use(s) authorized in this grant of rights, 1HeartArt shall have the right to size, adapt, edit, modify, alter, crop, digitize and/or manipulate the artwork in connection with such use(s).

1HeartArt shall have the right to use the Artist's name, biographical information, and/or likeness in connection with the artwork, in any media or medium now known or hereafter developed, for any commercial or promotional purpose, without limitation or further compensation. 

All rights granted hereunder are irrevocable and may be exercised by 1HeartArt or by third parties authorized or sublicensed by 1HeartArt (including without limitation, third party reprint services, Internet sites, or archivists). 

 

Furthermore, I represent, warrant and agree to the following: 

Nothing in the artwork is or will be defamatory, will invade the rights of privacy or publicity, or will infringe the copyright or any other rights of any person, partnership, corporation, or other entity. 

I will not have the right to review or approve any display of my artwork online or through marketing materials by 1HeartArt, and will not receive any compensation from 1HeartArt for such use and/or display. I understand that the use, display and/or removal from display of the artwork by 1HeartArt is entirely at the discretion of 1HeartArt. 

In the event my artwork is selected as a winner by 1HeartArt, I can donate the original artwork to 1HeartArt for sale at auction with 50% proceeds going to the 1HeartArt, a non-profit organization and 50% proceeds going to me. I understand that tax deductions for created art are limited and that 1HeartArt will not make a determination (for purposes of my own personal tax calculation) regarding the value of the art donated. 

I hereby waive, and release and hold harmless 1HeartArt, its licensees, parents, subsidiaries, affiliated entities, and advertising and promotion agencies, and their respective officers, agents, directors, contractors, and employees (collectively, “Releasees”) from and against any liability for, any claims, costs, liabilities, injuries, losses or damages of any kind (including reasonable attorneys’ fees) arising directly or indirectly out of or in connection with the Challenge and/or any use or display of the artwork, including, without limitation, any and all claims based on publicity rights, defamation or invasion of privacy, or the violation of any intellectual property rights, and any claims arising out of any changes or distortions to the artwork, whether intentional or otherwise, including but not limited to blurring, distortion, alteration, optical illusion, or use in composite form, or through the use of any accompanying materials or text. I agree to cooperate with the Releasees if any complaints, claims or litigation should arise regarding the artwork.