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Mann Art Gallery Logo Contest Official Rules

Jul 21, 2011 | 4:09 PM

This document describes the official rules (“Official Rules”) of the Mann Art Gallery Logo Design Commission (the “Contest”) organized by the Board of Directors (“Board”) of the Mann Art Gallery (“MAG”). The object of this contest is to design a new logo for the recently renamed Mann Art Gallery after a generous donation of $500,000 over the next ten years, going towards operating costs and permanent collection acquisitions by Roger and Diane Mann of Prince Albert. Information on how to enter and about the prizes is part of these Official Rules.

Definitions
“Entry” refers to a logo design created by the Entrant for this Contest. “Entrant” means the individual that offers the Entry under the terms of this Contest.

Eligibility
1. The Contest is open to all individuals, companies, organizations, educational institutions, or to groups associated with such institutions.
2. Board Members and Staff of the MAG and any other contest judge deemed necessary are not eligible to enter the Contest.
3. Entrants must be of sufficient legal age and standing to enter into a contract with the MAG as required below.

How to Enter
1. Initial entries must be submitted by email to logocommission@mannartgallery.ca. The entries must be submitted as a scalable vector graphic in EPS and JPG formats. See the Submission Guidelines below for additional information.
2. The submission must include the name, age, postal address, phone number and email address of the Entrant.
3. The submission must include a paragraph explaining the concept of the design and how it relates to our mandate (Less than 250 words).
4. No more than three (“3”) Entries may be submitted by any one Entrant.
5. Entries must conform to the Submission Guidelines set out below. Entries which fail to do so will not be considered.
6. The deadline for Entries is Midnight on August 12th, 2011.
7. We will attempt to acknowledge all entries within one week of receipt; however, we cannot be responsible for entries or responses lost in e-mail.
8. There is no fee to enter the Contest.
Bridging Art and Community Through Excellence in Art
142 – 12th Street West | Prince Albert, SK | S6V 3B5
[p] 306.763.7080 [f] 306.763.7838 [w] www.mannartgallery.ca

Submission Guidelines
The purpose of the contest is to design a logo for the Mann Art Gallery. The logo will be used online, in print and daily business as well as in various marketing and advertising initiatives of the MAG. Flexibility is a key requirement, including the need to resize easily and to function in both black and white and color; on light and dark backgrounds. The final version of the logo will need to be suitable for high quality printing.

Because of the requirement to register the logo as a Trademark, Entrants should take care to ensure that their Entries are not in any way similar to existing logos or other copyrighted images. A logo that cannot be registered as a Trademark, no matter how well crafted, is not eligible to win the Contest.
The logo should contain the words or a complete or partial variation of the acronym of The Mann Art Gallery / MAG.

Due to the requirements for high quality printing and re-sizing Entries must be submitted in scalable vector graphic format (EPS). We advise against the use of halftones and gradients unless created inside a vector graphics program. Color in this version must be CMYK, no spot colors.

We also request a JPG of the logo be sent at 1000 pixels square so that entries can be posted to our website without the need for conversion. Please make image resolution as high as possible while staying within a total document size of 5mb. If you are sending multiple submissions, please send email separately.'

TO RECAP: the entry will consist of 2 files: the basic logo each in EPS and JPG format. Your name and contact information, and a brief description of the concept of the logo as it relates to the Theme.

Prizes
Subject to the legal requirements outlined above, the winning design will be announced shortly after the deadline of the contest. Every effort will be made to inform the winner in time for him or her to attend, but the MAG is unable to pay for travel and accommodations.
The winning designer will receive:
1. A $500 cash prize.
2. A complimentary one-year membership to the Mann Art Gallery.
3. Declaration of name as designer in all subsequent advertising and marketing campaigns related to this logo design contest, as well as a permanent record as logo designer in the history of the MAG organization.

Judging and Selection of Winner
1. The winning design will be selected by the Board of Directors of the MAG. Their decision will be final. No further correspondence shall be entered into.
2. MAG reserves the right not to select a winner if, in its sole discretion, no suitable entries are received.
3. MAG reserves the right to disqualify any Entrant or Entry at its sole discretion. No correspondence shall be entered into.
4. The winner will be required to sign a contract assigning all ownership of the logo to MAG.
5. Accepting the prize constitutes permission for the MAG to make public and otherwise use the winning Entrant’s name for publicity purposes. Further personal data may be requested but is not required and will not be made public without the written consent of the winning Entrant.
6. No timetable is set for the announcement of a winner due to the need to confirm that the winning entry can be registered as a Trademark.

Intellectual Property
1. All submitted work must be original and not based on any pre-existing design.
2. All Entries will become the sole property of MAG and may be displayed publicly any advertising / marketing device that the MAG sees fit.
3. The winning entry will be registered by MAG as a Service Mark and the Entrant agrees to transfer all right and title to the Entry to MAG in accordance with the Official Rules of this Contest.
Acceptance
Participation constitutes the Entrant’s full and unconditional agreement to and acceptance of these Official Rules. By participating in the Contest, the Entrant is representing and warranting that he/she has read and understood, and agrees to be bound by, these rules. Including the guides and rules referred to herein, these Official Rules constitute the entire agreement between the Entrant and the MAG in relation to the Contest. They govern the Entrant’s participation and supersede any prior or other agreements between the Entrant and MAG and relating to the Contest.

About the Mann Art Gallery
The Mann Art Gallery is an incorporated not-for-profit art gallery with a mandate to bridge art and community in the appreciation of art. The MAG engages and facilitates the development, presentation and preservation of the visual arts in an inclusive community through a diverse exhibition and extension program and a Permanent Collection in a facility adequate to these activities. Exhibitions and programming offered at the MAG are conceived of and developed to recognize the needs within our community and be responsible and accessible to that community. The exhibition programs generate opportunities for local artist to experience contemporary artworks from across Canada and internationally and to interact with their peers. Programming initiatives such as the Visiting Artists Program, Artist Talks, and various professional development Workshops achieve this balance of audience appreciation and participation, creating a comfortable and approachable atmosphere.

Representations and Warranties
By participating in the Contest, the Entrant warrants and represents in connection with the Entry submitted as part of his/her participation in the Contest: (a) he/she is the sole and exclusive owner of (and free of any adverse claim by any person, firm, or corporation) all intellectual property rights in and to the Entry; (b) the Entry is original and the use of the Entry as described in these Official Rules will not infringe the proprietary rights, including without limitation the intellectual property rights, of any third party; (c) the use of the Entry, as described in these Official Rules, will be in compliance with any third-party licenses pertaining to the Entry; (d) the Entry is not obscene or libelous, and does not violate any rights of any third party, including but not limited to rights of privacy or publicity; (e) the Entry does not contain any virus, spyware, malware, trap door, worm, or any other device, mechanism or code that is injurious or damaging to software or hardware used in conjunction with the Entry; (f) the Entry and its use as described in these Official Rules will not violate any federal, provincial, state or local laws or ordinances; (g) no employer or educational or other establishment has any rights in the Entry; (h) the Entry is consistent with these Official Rules; and (i) he/she has the right to grant the license to the MAG as required in these Official Rules.

Severability
When any provision of these Official Rules is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the Court should endeavor to give effect to the intentions of the parties as reflected in the provision, and that the other provisions of these Official Rules remain in full force and effect.

Indemnity; Disclaimer of warranties; Limitation of Liability
By participating in the Contest, the Entrant agrees to be bound by these Official Rules, including all eligibility requirements and all decisions of the MAG. By participating in the Contest, the Entrant agrees to indemnify, defend, and hold harmless the MAG and its officers, agents, affiliates, contractors, contributors, subsidiaries, licensors and distributors (“MAG Entities”) from any and all liability, claims, or actions of any kind, including, without limitation, property damage, personal injury, and/or death, arising out of his/her (i) breach of any representation, warranty or covenant contained in these Official Rules; or (ii) participation in the Contest; (iii) acceptance and/or use or misuse of any prize in connection with the Contest; or (iv) any third party claim relating to any rights in any design submitted.

BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT THE MAG ENTITIES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATING TO THE CONTEST AND/OR THE PRIZES.

By participating in the Contest, the Entrant agrees that the MAG is not responsible, and will in no event be held liable, for any: (a) lost, late, illegible, misdirected, damaged, incomplete, corrupted or garbled entries; (b) telephone, computer, or network malfunction or error; (c) communication disruption or other disruptions related to Internet traffic, virus, bug, worm, or non-authorized intervention; or (d) damage caused by a computer virus or otherwise resulting to any computer from the submission of entries. If such malfunction, error, disruption, or damage occurs or impairs the administration, security, fairness, or integrity of the Contest, the MAG may, in its sole discretion, suspend, modify or terminate the Contest by posting a notice at http://www.thehugoawards.org.

If the Contest is terminated before the scheduled end of the Contest Period, the MAG will determine the winner from all eligible entries received as of the termination date. Persons found tampering with or abusing any aspect of the Contest, or whom the MAG believes to be causing or attempting or intending to cause any malfunction, error, disruption, or damage will be disqualified. The MAG reserves the right to disqualify any unauthorized entries, including, without limitation, multiple
entries from the same person, or any entries made through robotic, automatic, mechanical, programmed or similar multiple-entry, or entry duplication, method and to disqualify any person or entity using such a method.

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AND ONLY TO THE MAXIMUM EXTENT PERMISSIBLE BY THE APPLICABLE LAW, BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT IN NO EVENT WILL THE MAG OR ANY MAG ENTITY BE LIABLE TO ENTRANTS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR THE ENTRANT’S PARTICIPATION THEREIN, EVEN IF THE MAG OR A MAG ENTITY WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, BY PARTICIPATING IN THE CONTEST, THE ENTRANT FURTHER AGREES THAT IN NO EVENT WILL THE LIABILITY OF THE MAG OR ANY MAG ENTITY RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR THE ENTRANT’S PARTICIPATION THEREIN EXCEED THE GREATER OF CAN$500 OR ANY OTHER AMOUNTS PAID BY THE ENTRANT TO ENTER INTO THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE ENTRANT. IN THE EVENT THAT THE PRECEDING RELEASE IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR VOID FOR ANY REASON, THE ENTRANT AGREES THAT, BY ENTERING THE CONTEST, (I) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OR ACTION ARISING OUT OF OR IN CONNECTION WITH THE CONTEST, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (II) ANY CLAIMS, JUDGEMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE CONTEST, BUT IN NO EVENT ATTORNEY’S FEES.

For the avoidance of doubt, to the extent that Canadian Law applies, nothing in these Official Rules shall limit or exclude either party’s liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of law.

Interpretation; Governing Law; Jurisdiction
Interpretation. In the case of any dispute about the interpretation of the Rules, the MAG’s decision as to the interpretation shall be final and Entrant shall be bound by MAG’s decision.
Governing Law. The interpretation and enforcement of these Official Rules will be governed by the laws of the Province of Saskatchewan, except to the extent required to be governed by the local law in the place of residence of an Entrant. The Contest is subject to all applicable, as the case may be, national, provincial, and local laws. The Entrant and the MAG agree to the extent permitted by law to submit all disputes arising out of or relating to these Official Rules or the Contest to, and hereby waive any objection to the exclusive jurisdiction and venue of, the Provincial court located in Prince Albert, SK. Subject to Section 5 above, if necessary any provision of these Official Rules which is found to be invalid by a court of competent jurisdiction shall be deemed to be struck out from these Official Rules.

Consideration
The Entrant agrees that the ability to participate in the Contest and to compete for the prizes offered in connection with the Contest constitute, where required, sufficient consideration for the Entrant’s obligations under these Official Rules.