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1. Definitions

  • “Applicant(s)” refers to all Prize applicants, including finalists.

  •  “Organiser” refers to Bank Julius Baer & Co. Ltd., Singapore Branch, 
    7 Straits View, #28-01 Marina One East Tower, Singapore 018936.

  • “Personal Data” has the same meaning as that defined in the Personal Data Protection Act 2012 (Act 26 of 2012) of Singapore, as amended, revised, supplemented, renamed, re-enacted and/or replaced from time to time and includes, without limitation, the following information collected, directly or indirectly, from each Applicant: name; address; telephone number(s); email addresses; date of birth; gender; nationality; passport, birth certificate and/or NRIC number(s); and any other information disclosed in the registration form

  • “Prize” refers to the [Julius Baer Next Generation Art Prize]

  • “Sponsors and Partners” refers to all Prize media partners, venue partners, arts supplies partners and supporting partners.

  • “Submission(s)” refers to all artwork and/or files the Applicant submits from the time of his/her application for the Prize.

  • “Terms & Conditions” means the terms and conditions of the Prize contained herein, as may be amended exclusively by the Organiser, in its sole and absolute discretion, at any time without prior notification.
     

2. Eligibility of artworks

Entries for artworks are based on an open call lasting from 5 November 2020 to 28 February 2021.

All artworks must have been started and completed between 1 January 2019 and 28 February 2021 (both dates inclusive) to qualify for consideration. All artworks must be original and may have been previously exhibited. If an artwork has already won a prize in a previous competition, it will not be eligible for entry.

All entries must address one of the following seven themes, which may be interpreted according to the individual artist:

  • Arising Asia
  • Digital Disruption
  • Energy Transition
  • Feeding the World
  • Future Cities
  • Shifting Lifestyles and Inequality
  • Sustainability

The Prize is restricted to the digital image. There are two categories of submission: Still Image and Moving Image. Individual entries may not be simultaneously considered for both categories. For the purposes of the Prize, the medium submitted should be two dimensional. Only works premised on two-dimensional images, including virtual reality, are eligible. While the artworks can be multi-disciplinary and incorporate other sensory elements (e.g. sound), they must contain a significant visual component. Submissions can include digital paintings and drawings, digital print, digital photography, digitally manipulated image, video art, virtual or augmented reality artwork. Virtual artworks are eligible, but not virtual exhibitions (i.e. digital photography or videography of an exhibition/artwork). Digital documentation of artworks is not eligible.

There is no restriction on artwork size for the Still Image category. Entries for the Moving Image category are restricted to artworks that are no more than 30 minutes in duration.

If a Submission (including any artwork) is created by more than one person (“Collaborators”), the Submission (including any artwork) must be made by all of the Collaborators as Applicant and each Collaborator must meet all relevant criteria and eligibility requirements provided for in the Terms & Conditions for the Submission (including any artwork) to qualify for participation in the Prize. Submissions (including any artworks) that do not meet all relevant criteria and eligibility requirements provided for in the Terms & Conditions – for example, collaborations involving persons residing outside a Qualifying Country (as defined below) – will be assessed on a case-by-case basis and the Organiser has the sole and absolute discretion to determine whether or not to accept such a Submission.

All qualifying entries should be sensitive to the context of Singapore’s multicultural, multi-racial and multi-religious society, and in particular, shall not (a) be offensive or obscene in nature, or derogatory, discriminatory or defamatory of any person or group of persons, and/or (b) undermine the authority or legitimacy of the Singapore government and public institutions, or threaten the nation’s security or stability. Where the Organizer determines that any artwork(s) to be contrary to the above, it shall reserve the right to exclude such artwork(s) from consideration for the Prize.

3. Eligibility of artists

The Prize is open to persons who are residents of the following countries in Southeast Asia (each a “Qualifying Country”), namely:

  • Brunei
  • Cambodia
  • Indonesia
  • Laos
  • Malaysia
  • Myanmar
  • Philippines
  • Singapore
  • Thailand
  • Timor-Leste
  • Vietnam

The Prize is also restricted to persons aged 18 to 40 years old, as of 28 February 2021. Prize Applicants aged below 21 years, at the time of registration, must submit a signed parental consent form.

Submissions made by persons who are nationals of one of the Qualifying Countries but not living in such Qualifying Country, or who have given up citizenship in a Qualifying Country, would be assessed on a case-by-case basis.

Application is free of charge.

All employees of Bank Julius Baer & Co. Ltd, PMG Asia Pacific Pte. Ltd. and Yeo Workshop Pte. Ltd. and their immediate family members, as well as competitors of Bank Julius Baer & Co. Ltd. are ineligible to participate in the Prize and/or will be immediately disqualified.

4. Prizes

The cash prizes for the Julius Baer Next Generation Art Prize amount to a total of USD 60,000.

There are two categories of finalists: Still Image and Moving Image. Three (3) prize winners will be selected from each category and will receive a cash prize of USD $15,000, USD $10,000 and USD $5,000 each, respectively. All finalist artists will receive a Certificate of Recognition. All finalists and winners will be notified by email or such other method as may be determined by the Organiser in its sole and absolute discretion.

Each Applicant shall be wholly responsible for the payment of any tax, insurance, contribution or amount of any kind due (if any) in respect of the award of a prize under the Prize.

Prizes are non-transferable and no substitution will be made except at the Organiser’s sole and absolute discretion.

By accepting a prize, the Applicant agrees to release and hold the Organiser and its affiliates harmless against any and all claims and liability arising out of the award of, the use or misuse of any prize. The Applicant assumes all liability for any injury or damage caused, or claimed to be caused by participation in this Prize or use or redemption of any prize.

5. Judges panel & judging criteria

The panel of judges (“Panel of Judges”) will be responsible for selecting ten (10) finalists for each category and, subsequently, three (3) prize winners for each category, from among the ten (10) finalists of each category. The names of the judges will be announced upon confirmation and will be selected at the sole discretion of the Organiser.

All entries will be assessed by the judges based on the following criteria:

  • Conceptual insight
  • Originality of visual expression
  • Utilization of medium

The Panel of Judges’ decision is final. In case of disputes, the decision of the Organiser shall be final without having to disclose any reason for such decision. No discussion, objection or correspondences in this regard will be entertained. Any attempt to communicate with or influence the judges by the Applicant and/or their supporters may result in the Applicant’s disqualification.

The Organiser reserves the right not to award any of the stipulated prizes should the entries fail, in the Panel of Judges’ opinion, to meet the required standards.

6. Exhibition

The Organiser reserves the right to exhibit artworks of each of the ten (10) finalists for each category virtually and/or physically (“Exhibition”).

Such finalists will be consulted in relation to the installation of their artworks and notified of such an event. During the period of the Exhibition, the Applicant acknowledges and agrees that the Organiser shall, in consultation with the Applicant, determine the installation and/or presentation of the relevant artwork, with the Organiser having the final decision.

All finalists will be sent and will have to enter into an additional Exhibition agreement for online and/or onsite exhibition. For avoidance of doubt, the Organiser is not obliged to exhibit any of the finalist artworks, whether virtually or physically.

7. Ownership of artworks and intellectual property (IP) rights

Ownership of all qualifying artworks will remain with their respective owners.

Finalist artists will assign to the Organiser the right to reproduce their qualifying artworks in any format and/or medium whatsoever for use in the press (including online websites), television, publicity, print and not-for-sale corporate materials including but not limited to brochures, calendars, catalogues and greeting cards, for the purposes of promoting the Prize. Images used will be credited “Courtesy [The Applicant Name].

Where ownership of a part or parts of the finalist artworks does not belong to the artist,  he/she must secure the following: loan rights for the artwork to be exhibited, and intellectual property rights of the artwork to be assigned to the Organisers for purposes of publicity and/or reproduction as stated above.

All Submissions (including any files, paintings, photographs/images, videos, recordings, films, music and text or otherwise) must not violate any applicable laws including intellectual property rights of any person or entity.

By submitting an entry to the Prize, the Applicant warrants that the content of the entry (including the Submissions) is entirely of that Applicant’s own creation and does not in any way infringe the intellectual property rights (including and without limitation patents, copyrights, trademarks, visual materials in whatever form, sound recordings, any copyright protectable work, designs, trade or services marks, database rights, rights in know-how, rights protecting goodwill and reputation, moral rights or other similar rights in any country, image rights of any third party, rights of privacy/publicity, in each case whether or not registered, and any applications for registration of any of the foregoing, and all rights to apply to register any of the foregoing) of any person or entity. Without prejudice to anything aforesaid, if the content of the entry (including the Submissions) contains any material or elements that are not owned by the Applicant and/or which are subject to the rights of third parties, and/or if any persons appear in the content of the entry (including the Submissions), the Applicant is responsible for obtaining, prior to submission of the content of the entry (including the Submissions), any and all releases and consents necessary to permit the exhibition and use of the content of the entry (including the Submissions) in the manner set out in these Terms & Conditions without additional compensation. If it is discovered that any entry is not the original creation of the appropriate Applicant and/or breaches any other person’s intellectual property rights, the Organiser shall be entitled to disqualify that entry and the appropriate Applicant from the Prize.

The Organiser will not be responsible for any copyright fee(s) incurred if Applicant fails to guarantee copyright ownership of his/her Submission. The Applicant agrees to indemnify the Organiser against any action, cost, loss and/or claims for damages which the Organiser may incur or suffer as a result of any breach or infringement of intellectual property rights by the Applicant including without limitation, any action and/or claims for damages from any third party intellectual property rights owner.

8. Timeline

The open call for qualifying entries, as stated above, lasts from 5 November 2020, 09:00 a.m. (SGT) to 28 February 2021, 23:59 p.m. (SGT). All submissions beyond the deadlines set for registration will be disqualified. Late entries will not be entertained. Judging will be conducted thereafter, and finalists and prize winners will be announced by the second quarter of 2021.

The details of the exhibition of finalist artworks, including dates, will be announced when confirmed.

While the Organiser shall endeavour to provide advance notice to all Applicants with respect to key dates and timelines, the Organiser reserves the right in its sole and absolute discretion to make such alterations and changes to key dates as are reasonably necessitated.

9. Submission of entries

Submissions can only be submitted electronically via the Prize website (“Website”) (containing the relevant entry form and submission links (collectively, the “Links”)).

Each artist can only submit one entry for this Prize. Submission of more than one entry will disqualify the Applicant automatically.

All Submissions must be received by the Organiser by 28 February 2021, 23:59 p.m. (SGT).

Entry forms and supporting materials, including the Submissions, will not be returned to the Applicants.

Announcements of finalists and prize-winning artworks will be made in due course via email or such other method as may be determined by the Organiser in its sole and absolute discretion. Applicants whose works do not qualify as finalists or prize winners will not be notified.

Applicants agree that their Submissions will be treated as having been submitted on a non-confidential basis, whether or not such Submissions are marked or referred to as confidential by the Applicant.

Whilst care will be taken to handle the submissions, neither the Organiser, the Sponsors and Partners nor their respective affiliates will have a duty to treat the Submissions as confidential.

In addition and without prejudice to any other terms of the Terms and Conditions, the Applicant agrees to provide the Organiser a worldwide, non-exclusive, royalty-free, one-year licence from the date of the Applicant’s Submissions (with the right to grant sub-licences) to reproduce, exhibit, use, copy, modify, distribute and/or reference the whole or any part of any of the Submissions for any purpose whatsoever and in any media, medium or format, whether or not currently invented.

Applicants warrant that they have the necessary rights to grant the licence contemplated in these Terms & Conditions.

Nothing in these Terms & Conditions shall be construed as the Organiser granting any Applicant any license under the Organiser’s intellectual property rights (including and without limitation the Organiser’s trademarks, trade names, and copyright in any images, publications and/or other materials produced by, or on behalf of, the Organiser and distributed or made available to Applicant in connection with the Prize), which may only be used by Applicant with the Organiser’s prior written consent.

10. Marketing & promotions

Applicant acknowledges and agrees that the Organiser, the Sponsors and Partners and/or persons authorized by the Organiser and/or the Sponsors and Partners may film, photograph and/or make other forms of recording of the (i) Submissions (including any artwork); (ii) the Applicant whilst Applicant is present at and/or participating in events (“Events”) organized for or in connection with the Prize (including any Exhibition); and/or (iii) and/or all exhibitions (including any Exhibition) and Events (collectively, the “Recording”) Between the Organiser and Applicant, the copyright and any and all other intellectual property rights, title and interest in the Recording shall vest in the Organiser who shall be entitled to deal with all or any part of the Recording in such ways as the Organiser, in its absolute discretion, sees fit. The Organiser shall have no obligation to acknowledge the Applicant in any finished material in which all or any part of the Recording is included.

In addition and without prejudice to any other terms of the Terms and Conditions, Applicant agrees to allow the Organiser to (without any remuneration) use, represent, and reproduce their name, image, biography, Submissions (including any artwork) and words for any purpose in connection with the promotion of the Prize and/or the Organiser (including, without limitation, in conjunction with any Submission, Exhibition, Events, Prize materials and/or Recording) by all means, in any kind of medium and format and in any territory.

In addition, and without prejudice to the above, the Organiser reserves the right to use the Recording for broadcast, streaming, promotional and reproduction purposes via any channel or format, fully and without any restrictions as to geographical area, time or content, and without compensation to the Applicant or the Applicant’s consent.

11. Personal data

Each Applicant hereby consents to the collection, use and/or disclosure of his/her Personal Data in accordance with the Organiser’s privacy policy at https://www.juliusbaer.com/en/legal/client-data-privacy-policy/  and for the purposes (“Purposes”) of the Prize, including without limitation:

  1. to verify the Applicant’s identity;
  2. to communicate with the Applicant in connection with the Prize;
  3. for purposes of publicizing and/or marketing the Prize;
  4. to process and respond to enquiries;
  5. to administer the Prize;
  6. for the purposes of the sale of any artwork, if applicable; and
  7. such other purposes as may be required in connection with the Prize.

Each Applicant further consents to the disclosure of his/her Personal Data to any affiliates and related parties/entities of the Organiser, service providers engaged by the Organiser, Sponsors and Partners and/or any other third parties for the Purposes.

12. Indemnity

The Applicant shall fully indemnify, hold harmless and defend the Organizers and its directors, officers, employees, agents, stockholders and affiliates from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which may arise out of or relate to any act or omission of the Applicant and/or his/her participation in the Prize.

13. Other general rights

Artists are responsible for the production costs of their own artworks.

Any Applicant who knowingly gives inaccurate or misleading information will be disqualified.

The Applicant acknowledges that  he/she is aware of the risks involved in the use of electronic transmission (including the submission of information, artwork and/or files online for the purposes of the Prize) which may include errors in transmission, mutilation, interruption or delay in transmission, technical defect, data corruption, viruses, power failure, breakdown of telecommunication networks, fraud, forgery, misunderstanding, unintended disclosure or unauthorised interception or manipulation or fraud or forgery of third parties. The Applicant agrees that he/she shall bear all such risks of use of electronic transmission and hereby discharges and releases the Organiser from any liability howsoever or whatsoever arising in connection therewith.

The Organiser assumes no responsibility or liability for any loss arising out of or from: (i) technical issues, system or software failures experienced by an Applicant in submitting their registration via the Website and/or Links ; (ii) user errors; or (iii) late, lost, delayed, damaged, misdirected, incomplete or unintelligible registrations/Submissions. Proof of sending will not be accepted as proof of receipt.

The Organiser shall not be responsible for any interruptions of service in relation to the Website and/or Links. The Organiser reserves the right to suspend temporarily the operation of the Website and/or Links, without notice in the case of system failure, maintenance or repair or for any other reason beyond its control.

The Organiser makes no promises or warranties (either express or implied) that use of the relevant websites (including the Website) in connection with the Prize will be uninterrupted, error-free or fit for any particular purpose.

All information or advice provided as part of the relevant websites (including the Website) in connection with the Prize and/or in any publications and/or other materials produced by, or on behalf of, Organiser and distributed or made available to Applicant in connection with the Prize is intended to be general in nature. The Organiser is not liable for any action the Applicant may take as a result of relying on such information or advice or for any loss or damage suffered by the Applicant as a result of taking such action.

The Organiser reserves the right, in its sole and absolute discretion, to:

  1. cancel, alter and/or combine any Prize category at any time;
  2. disqualify at any time, any Applicant whose Submission or any part thereof falls under one of these categories:
    • does not comply with the Prize’s theme or criteria;
    • is incomplete, illegible, or not received in time; and/or
    •  is defamatory, offensive, discriminatory, obscene or in violation of intellectual property rights or rights of privacy or publicity as determined by the Organiser in the Organiser’s sole and absolute discretion;
    • and/or otherwise deemed ineligible by the Organiser in its sole and absolute discretion;
  3. disqualify at any time any Applicant who has submitted incorrect, incomplete, fraudulent or misleading information or is suspected of plagiarism;
  4. substitute, modify, suspend, withdraw, cancel or terminate the Prize in whole or in part without
    • prior notice;
    • having to disclose any reason therefore; and/or
    • any payment or compensation whatsoever; and/or
  5.  not award any prize, or to award one or more but not all of the prizes.

The Organiser’s decision and discretion on any dispute and in relation to any matters above shall be final without having to disclose any reasons for such decision and no correspondence will be entered into on that matter. Applicant will have no recourse against the Organiser in relation to any decision taken in connection with any dispute and/or the above.

If at any stage in the Prize, an Applicant is disqualified from the Prize or cannot be traced or contacted after reasonable efforts have been made by the Organiser, that Applicant will forego the right to progress and/or participate in the Prize and the Organiser, at its sole discretion, may arrange for a replacement Applicant to be selected.

The Organiser shall not be liable to Applicant under or in connection with the Prize for any loss, including without limitation, any indirect, economic or consequential loss or for any loss of profits, loss of business, loss of contracts, loss of use or loss of reputation.

The Organiser may at its sole discretion disqualify an Applicant from participating further in the Prize if the Applicant shows a disregard for these Terms & Conditions or acts in any unsporting or disruptive manner.

The Organiser reserves the right to monitor any information/materials posted on or submitted through the Website and/or Links by the Applicant. The Organiser, at its sole discretion and without prior notice, may at any time review, remove or otherwise block any information/materials submitted via the Website and/or Links.

By submitting the [Julius Baer Next Generation Art Prize] Entry Form/ Submission, each Applicant confirms that  he/she has read and unconditionally agree to all of the Terms & Conditions and that  he/she accepts any and all of the Organiser’s decisions regarding the Prize as final and binding in all respects.

The Organiser reserves the right to amend the Terms & Conditions of the Prize at any time in its sole and absolute discretion.

Applicants, upon agreeing to these Terms and Conditions hereby release, relieve and discharge the Organiser and its agents, partners (including the Sponsors and Partners) and employees from any responsibility and/or liability howsoever and whatsoever arising with regard to any actions or omissions with respect to the Organiser or its agents, employees and partners (including the Sponsors and Partners)  and/or arising from any circumstance including the negligence of the Organiser or its agents, employees and partners (including the Sponsors and Partners).

Where an Applicant consists of more than one persons, the Terms & Conditions shall apply to each and every persons consisting the Applicant.

For the avoidance of doubt, all times mentioned herein and in the Prize materials are based on Singapore Time (GMT+8). All correspondence throughout the Prize must be in the English language.

Save for the agreement between the Organiser and each Applicant in relation to the Prize as set out herein, participation in the Prize shall in no event be considered or construed as giving rise to any contractual relations with the Organiser or any of its affiliates and/or the Sponsors and Partners and, in particular, shall not give rise to any employment relationship.

In the event of any inconsistency between these Terms & Conditions and any information, publications and/or other materials produced by, or on behalf of, Organiser and/or distributed or made available to Applicant in connection with the Prize, these Terms & Conditions shall prevail.

If any provision of these Terms & Conditions is declared by any court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions contained in these Terms and Conditions will be not affected or impaired in any way.

A person who is not a party to the Terms & Conditions shall have no right under the Contracts (Rights of Third Parties) Act Cap 53B to enforce any term of the Terms & Conditions except and to the extent (if any) where the Terms & Conditions expressly provides that such third parties have the rights to enforce the Terms & Conditions.

The Terms & Conditions shall be governed by the laws of Singapore and each Applicant irrevocably submits to the non-exclusive jurisdiction of the courts of Singapore.