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Terms and Privacy Statement

Terms of Use

Viali  Art Competition - Legal Agreement

This legal agreement will govern the relationship between you as “Artist” and 11705016 Canada
Incorporated (“VAC”) when you choose to submit your artwork (individually and collectively
“Works”) for: a) consideration to receive an award and b) to be displayed in an exhibition as part
of a Viali Art Competition to be held in a given year as advertised by VAC ("Competition").
Please read the following terms and conditions carefully before beginning your participation in
the Competition, as Artist will be bound by these terms conditions once submissions are made
to the Competition.

Competition Particulars

Information about the Competition is available at VAC’s website at: vialiartcompetition.com.
Competition particulars will also be reproduced in the CaFÉ platform/portal (CaFÉ) at:
artist.callforentry.org.

CaFÉ

By entering into the Competition, Artist acknowledges and agrees that the Competition will be
administered using CaFÉ and confirms that he/she/they have read and agree to abide by all
terms of use of CaFÉ available at: artist.callforentry.org.

Participation

Artist must be an emerging artist as defined in the Competition entry criteria and at least 18
years old to participate in the Competition. Unless otherwise stated in the information provided
about the Competition held in a given year, Artist must also be a citizen or permanent resident
of Canada.

Submission of Works

Artist may submit to the Competition up to two Works per entry by the final day for making
submissions.


Acceptance of the Works is subject to VAC’s approval. In the reasonable view of VAC, Works
that display or convey porn, violence, or otherwise communicate hatred towards any person or
group will not be admissible.


Artist has the option to submit alternative or substitute Works up until the final day for making
submissions to the Competition.

Artist Information

Artist is responsible for providing all required information for the Competition including personal
information for administration of the Competition, and information about each of the Works
submitted.


Artist will be responsible for incomplete and inaccurate information.

Artist is also responsible for addressing any complaint or grievance regarding discrepancies in
the Works received for exhibition, or by buyers (e.g. regarding the size, medium, subject, and
originality of Works). Artist acknowledges and agrees that VAC is not liable for any such
discrepancies.

Fees & Entry

Artist agrees to pay the Competition entry fee set for making submissions. Works will not be
entered into the Competition until Artist has provided all required information and paid the entry
fees.


Artist acknowledges and agrees that all fees for participation in the Competition are to support
the administration of the Competition and are non-refundable.


VAC will accept payment for entry fees by Paypal, or by credit card.

Artwork Originality

Artist represents and warrants that all Works submitted to the Competition are original and
created by Artist. For greater certainty, Artist confirms that her/his/their Works are not a copy,
derivative, or based on the work of others, or in any way an infringement of a third party’s
copyrights.

Selection

All submitted Works will be reviewed and selected for awards by one or more jurors appointed
by VAC. Jurors will make the selections with reference to the criteria established and published
when the Competition is open for submission.

Awards

The awards available will be confirmed at the time the Competition opens for submissions. Artist
may only receive one award for one of the Works entered into the Competition.


If Artist chooses not to accept an award this will be deemed notice of Artist’s desire to withdraw
from the Competition and subject to the terms of and conditions of this agreement regarding the
“Availability of Works.”


An award will be paid to Artist by the end of the month following the announcement of all
selections from the Competition


Artist will be requested to provide VAC with the particulars of a Paypal account or an account at
a Canadian financial institution for the transfer or deposit of award funds. Prior to transferring, or
depositing award funds, VAC reserves

Announcement and Promotion

Artist will be notified directly if one of their Works is selected for an award, prior to publicly
announcing the selections. Artist agrees to keep his/her/their award in confidence until public
announcement of all award selections is made by VAC.

For awards and other sponsored offerings, Artist agrees to make herself/himself/themselves
reasonably available to participate in a promotional announcement by VAC and/or a sponsor
about the award/offering received.


Artist may be given the opportunity by VAC to provide promotional content relating to their
participation in the Competition. If such content is provided, the permissions granted by Artist to
VAC for the use of the Works and other information provided when entering the Competition will
apply to Artist generated promotional content.

Exhibition

All Works selected for awards and honourable mention will be displayed in an exhibition located
within Canada. Artist agrees to make such Works available for exhibition. The details for the
exhibition will be made available to Artist no later than by the close of submissions. VAC will
maintain sufficient insurance for the stated value of the Works while on site at the exhibition.

Pricing

Artist is responsible for setting a price(s) for the Works that are for sale and for providing this
information to VAC.

Shipping

Artist is responsible for shipping Work to and from the exhibition, including to buyer(s) or any
other destination chosen by Artist. VAC will not be liable under any circumstances for the
shipment of Works.


VAC may, in its sole discretion, present to Artist preferred shipping rates offered by one of its
partners. Artist may or may not choose to take advantage of such offers. Artist is responsible for
all shipping costs, including, without limitation, insurance costs.


For greater certainty, Artist acknowledges and agrees that any arrangement or agreement
between Artist and a buyer(s) for shipping is not VAC’s responsibility.


Artist may provide for the benefit of buyers’ information both prices and shipping terms at the
time of submission of Works.

Sales

Through VAC website a prospective buyer(s) can contact Artist about their interest in buying
Works. Artist will be responsible for making sale transactions directly with prospective buyers
and for making payment arrangements with buyers for the sale of Works. VAC will not act as an
agent or intermediary for Artist or buyer(s).


For greater certainty VAC will not participate in communications, negotiations, sales and
transactions between Artist and buyer(s). Artist acknowledges and agrees that VAC will not be
liable for any incomplete or failed negotiations and/or sale transactions between the Artist and a
buyer(s).

No Commissions

If Artist sells Works, Artist will receive all sale proceeds. VAC has no right to any commission on
the sale of Works.

Availability of Works

VAC suggests that Artist submit Works that are for sale. Artist is free, however, to submit Works
that are not for sale. Information regarding availability for sale must be provided by Artist at the
time Works are submitted to the Competition.


Artist must promptly inform VAC of the withdrawal of Works from the Competition, or change in
sale status (individually and collectively a “Notification”) no later than two weeks before the the
date for publicly announcing award selections.


Artist agrees that if a Notification is received by VAC after the final day for making submissions,
VAC retains all permissions granted by Artist under this agreement for the administration,
advertisement and promotion of the Competition, including without limitation the publication of
the Works in the catalogue for the exhibition. VAC will, however, make commercially reasonable
efforts, under the circumstances, to update the public regarding the change in sale status of
Works.

No Exclusivity

Participation and the submission of Works to the Competition does not prevent Artist from
seeking other opportunities to promote and sell the Works submitted to the Competition. Artist
may submit the Works and offer Works for sale under other opportunities, provided that the
Works are available for the exhibition.


Artist agrees to promptly advise VAC if any of the Works submitted are or become subject to
exclusivity terms with a gallery or other intermediary agent for the sale of the Works.

Communications

Submissions and other communications regarding the administration of the Competition will
generally be managed through VAC’s account in CaFÉ. VAC may, in certain circumstances,
communicate with Artist by email.


It is the Artist’s responsibility to ensure that he/she/they have the most up to date information
posted about the Competition and that VAC has the Artist’s most up to date contact information.
All changes to Artist’s contact information must be submitted to VAC through CaFÉ.


All Artist inquiries regarding the Competition and this agreement should be directed to VAC
through CaFÉ.

Notice

Notifications provided by the parties under this agreement must include the name of the
individual and the address made available for each through CaFE, and may be sent by email,
ground mail or by courier. Notifications sent to VAC, should be addressed to the attention of
Linda Price-Bennet, as administrator of the Competition.

Copyrights and Artist Permissions

By submitting Works to the Competition, Artist retains all copyrights in and to the Works.
Artist grants to VAC irrevocable and unconditional permissions and licenses for VAC to use,
reproduce, adapt, publish and disseminate copies of the Works in printed and digital formats
around the world for the administration, advertisement and promotion of the Competition.
Without limiting the scope of the permissions granted by Artist, VAC is permitted among other
things to disseminate to the public images of Works entered into the Competition, images of
Works selected for awards, and images of Works displayed as part of the exhibition at any time
during and after the Competition. These permissions and licenses also allow VAC to allow
partners, sponsors and service providers to conduct similar activities.


Artist further agrees to waive his/her/their moral rights in connection with these permissions and
licenses and grants all necessary permissions to VAC, its partners, sponsors and service
providers to use her/his/their likeness and biographical information as made available to VAC
for the administration, advertisement and promotion of the Competition.

Intellectual Property

Artist acknowledges that VAC will be promoting, administering and providing other services in
connection with the Competition and using its intellectual property and the intellectual property
of others. Artist is not granted any express or implied rights to use such intellectual property
other than what is expressly provided for in this agreement, and agrees not to misappropriate or
infringe such intellectual property.

Media Guidelines

VAC will provide guidelines that may include instructions, a media kit or other promotional
materials for Artist to disseminate information about their participation in the Competition in
social media channels and/or on websites. Artist agrees to follow such guidelines in order to
comply with this agreement.

Language


Artist and VAC agree that all information and communications will be in English.


L’artiste et VAC conviennent que toutes les informations and communications concernant
l’opportunité seront en anglais.

Performance


This agreement is strictly between the Artist and VAC and neither party can assign their rights
or obligations under the agreement to another person or legal entity without the written consent
of the other party.

No Warranties


VAC will take commercially reasonable measures to present and administer the Competition,
however, VAC cannot predict or assure any particular outcome for the Artist with regard to the
selection exposure, and/or sale of Works. Accordingly, by entering into this agreement, Artist
acknowledges and agrees that the services provided as part of the Competition are provided to
the Artist 'as is' and 'as available' without any warranties of any kind.

Termination

Artist can withdraw from the Competition upon providing two weeks’ written notice to VAC no
later than two weeks before the final date for submitting Works to the Competition. This
notification and Artist’s withdrawal from the Competition will be subject to the conditions set out
above for the withdrawal of Works from the Competition.


VAC may, at its sole discretion, disqualify Artist from continuing to participate in the Competition
and terminate this agreement with written notice having immediate effect, if it has a reasonable
basis to believe Artist is engaging in activities that: a) materially breach the terms and conditions
of this agreement (after following the complaint and grievance process of this agreement), b)
could bring about physical harm or emotional distress to individuals involved with the
Competition; and/or c) could harm the business of VAC, or other businesses supporting the
Competition.

Privacy Policy

The use and safeguarding of personal information will be governed by VAC’s Privacy Policy
available at https://vialiartcompetition.com/term-and-privacy. By entering into the
Competition, Artist confirms that he, she/it have read and agreed to the terms of Privacy Policy.

Liability and Indemnification

Artist agrees that any matter for which VAC does not assume liability for under this agreement
applies equally to VAC’s directors, employees, agents, affiliates, partners, sponsors, and
service providers. Artist further agrees to indemnify, defend and hold harmless VAC, and its
directors, employees, agents, affiliates, partners, sponsors, and service providers from any
claim or demand (including reasonable attorneys' fees), made by any third party due to, or
arising out of Artist’s breach of the terms and conditions of this agreement, or of Artist’s violation
of any law, or the rights of any third-party.

Revisions

This agreement represents the entire understanding between the parties and no modification,
amendment, or other revision of its terms and conditions can be made without the written
approval of both parties.

Complaints and Grievances

Should Artist, or VAC have a complaint or grievance about the performance of the other party’s
obligations under this agreement, it will provide written notice of the complaint or grievance to
said party, and either request a meeting to resolve the issues, or make a request to enter into
mediation in the province of Ontario to bring about a resolution.


In the case of any third party claims made against a party to this agreement, or if the parties are
unable able to resolve the complaint or grievance between themselves, all legal actions and
remedies will remain available to the parties.

Artist and VAC agree to be responsible for their own costs relating to the resolution of any
complaint or grievance, including without limitation, the cost of legal services engaged, and
proportionally shared costs (e.g. the fees of a mediator).

Governing Law

The terms and conditions of this agreement will be interpreted, enforced and otherwise
governed by the laws of Ontario and laws of Canada applicable in Ontario, without the
application of any laws that would result in the application of the laws of another jurisdiction to
the subject matter of this agreement.

Confirmation and Execution

By completing the entry form for the Competition you are declaring as of that date that you have
read, agreed to and accordingly executed the terms and conditions of this agreement. VAC will
be deemed to have executed the agreement with Artist on that date.

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Privacy Statement

This Privacy Policy has been prepared by 11705016 Canada Incorporated (VAC) and is intended to
inform you about our practices relating to the management of the personal information collected to
administer the Viali
  Art Competition (“Competition”). It has been prepared in compliance with the
Canadian Federal Personal Information Protection and Electronics Documents Act.


The term 'personal information' under this policy means personal information about you that you provide
to us and that from time to time we might need to obtain from other sources with your consent. This
Privacy Policy does not apply to your business or professional information including the name of the
organization you work for, your title, work address or work telephone number.

Collection of Personal Information

The purposes for requesting personal information is to be able to do business with you or serve you in
connection with the Competition, and to fulfill VAC’s business record keeping requirements. Only the
information necessary to fulfill these purposes will be collected. If VAC needs to use personal information
it has collected from you for a new or different purpose your consent to do so will first be obtained.


Your contact information is used to communicate with you about your interest and participation in the
competition.


Your financial information is only collected to competition related payments. The financial information
collected is restricted to the particulars necessary to carry out a given method of payment.


VAC will never release your personal information to others who do not work for or with VAC unless
compelled by law to do so. Only the information that is legally required to be disclosed will be provided to
the authority authorized to receive the information. In the event VAC is required to release your personal
information in compliance with a verified legal request and unless prohibited by law, VAC will make all
reasonable efforts to advise you in advance of providing the information, or otherwise as soon as it is
practicable to do so.


VAC requires all individuals and entities who do work for VAC to maintain the personal information of
provided to them, confidential. Access to personal information is given only on a need to know basis in
order to fulfill mandates for the delivery of services, or for the maintenance and administration of VAC’s
operations and business records.

Protection of Personal Information

VAC protects your personal information with digital and physical safeguards and security measures. Hard
copies of information are stored securely and access is restricted by way of an office security system
including surveillance. Soft copies of personal information are protected by firewalls, passwords,
encryption and other protocols to mitigate risks to data security associated with third party attempts to
hack into information technology systems, such as email and internet malware.


VAC may from time to time contact you to ensure the accuracy of your personal information and will be
diligent about updating this information when changes are received from you or third parties with your
consent. Similarly, regular review of this Privacy Policy and our privacy protection protocols will be done
and changes implemented as reasonably required to keep your personal information secure.


The length of time VAC retains information varies depending on the service, the nature of the relationship
and the nature of the information. This period may extend beyond the end of the competition, but only as
long as needed to ensure a proper response can be made to any issue that may arise in connection with
a completed service, and to ensure the proper destruction, deletion or conversion of the information into
an anonymous form.

COMPETITION Website

 

VAC does not use cookies (small data text files sent to your computer) to collect information or track data
from visitors to its website. Search engines and other third party internet providers and sites may use
cookies, however, and their respective policies should be consulted for more information about this and
their information collection practices.


From time to time we may provide links to third party websites for your convenience. If you click on those
links and leave the VAC website this Privacy Policy will no longer apply and you should consult the policy
of the third party site you access through the link.

Inquiries and Information Requests

VAC may update this Privacy Policy from time to time. Upon visiting the VAC website, the Privacy Policy
in place at that time will apply.


It is your right to access the information we have about you in our records. VAC may have to take steps,
however, before giving you this information to ensure that you do not also receive other information which
is the proprietary or personal information of third parties, information legally prohibited from disclosure, or
confidential and proprietary information of VAC.


You may direct all inquiries, concerns and requests about the handling of your personal information to
VAC by contacting:

11705016 Canada Incorporated

E: linda@vialiartcompetition.com

All responses to inquiries and requests will be provided within 10 working days.

You can also contact the appropriate government body that oversees privacy concerns.

If during or after the competition you would like to withdraw your consent for VAC to use your personal
information, please send your written request as directed above and VAC will confirm when it has acted
on your request. In acting on your request, VAC will, however, reserve a copy of the personal information
needed to comply with legal obligations, resolve disputes, or administer and enforce agreements.

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