This Terms and Conditions Agreement (“Agreement”) is hereby entered into by and between The Ringholz Art Supply Award and the undersigned (“Artist”) in exchange for the opportunity to be considered for The RASA (the “Award”). By submitting an application, Artist agrees to be bound by the terms and conditions contained in this Agreement, Artist represents and warrants that Artist meets the eligibility requirements set forth herein, and Artist agrees to accept the decisions of The RASA as such may relate to the Award in any manner. The Ringholz Foundation Visual Art Grant Statement of Purpose: Eligibility and Specifications: 1. Artist must be a legal resident of the United States. 2. All applicants should be actively working on pursuing their dreams in art, however need not be enrolled in school for art at this time in order to be considered for an Award. 3. Consideration for the Award shall be limited to one application per Artist. Submission of an application does not guarantee an Award and is only an opportunity to be considered for an Award. 4. The Award is limited to artists studying the visual arts. For the purposes of this application process, The RASA will consider artists studying the mediums of painting, drawing, illustration, printmaking, sculpture, ceramics, glass, textiles, graphic design, photography, and jewelry/metals. 5. Artwork submissions for the application must be original work executed by the Artist whose name appears on the application. If the identity of the individual who executed and/or created the submitted original work cannot be resolved to RASA’s satisfaction, the affected individual’s application will be deemed ineligible. 6. The terms and conditions contained in this Agreement are subject to change at any time in RASA’s sole discretion. 7. The Grant is subject to all applicable federal, state, and local laws. Conditions of Entry: 8. Applications must be submitted by midnight on April 1, 2023 (4-1-2023). 9. Artist must fully complete the electronic application available at www.callforentry.org and upload five (5) digital images of Artist’s original work. 10. Artist must provide all requested information. Applications with incomplete, invalid, incorrect, or noncurrent information; applications that are counterfeit, damaged, or tampered with in any way; and applications with printing, production, or typographical errors will be disqualified in RASA’s sole discretion. 11. Applications that are disqualified, untimely, damaged, misdirected, stolen, or not delivered are not the responsibility of RASA. 12. Applications must comply with all requirements as stated herein to be eligible. RASA has the right to disqualify any application from consideration at any time, for any reason. 13. Any artwork that includes the degradation of religion or government, and/or depiction of sexual acts or any other medium, presentation, or topic objectionable to RASA will be automatically disqualified. 14. Artist is solely responsible for any and all expenses if an application is disqualified at any time during the application period. 15. The decision of RASA on any and all matters relating to the application process will be final and binding. 16. Eligibility for the Award is contingent upon Artist’s agreement, and Artist hereby agrees, to grant the RASA a perpetual, royalty-free, non-exclusive limited license that shall include the right to display, copy, and distribute the Artist’s submitted artwork(s), edited or unedited in any form or medium, in connection with the Award including exhibiting the Artist’s artwork(s) online on The RASA website (http://www.rasawards.com). Artist shall retain all right, title, and interest in and to the original work of art and ownership copyrights. 17. The Award is in no way sponsored, endorsed, or administered by, or associated with Facebook or any other site or medium that might host content where information about this contest is posted or published (collectively "Content Hosts"). Selection of Grant Recipients: 18. A selection panel (selected by RASA in its sole discretion) will review all applications and select individual to receive the Award (each Artist is receive a Award is an “Artist Recipient”) based on such criteria, including but not limited to, composition, subject matter and content, originality and creativity. The Grant shall be awarded on an objective and non-discriminatory basis. 19. If any chosen Artist Recipient is unable to be contacted using the information provided or fails to respond to The RASA’s attempt to notify them of the recipient selection within five (5) business days; if any notification is returned as undeliverable or yields an error or undeliverable "bounce back" type email (regardless if the message is ultimately delivered to the recipient), then the Artist Recipient may be disqualified and an alternate may be selected. 20. All Artist Recipients are subject to eligibility verification. To be verified as eligible to receive a Grant, each Artist Recipient must continue to comply with all terms and conditions of this Agreement and not be disqualified for any reason. 21. All selection panel decisions are final, and Artist Recipient selection is final subject to the satisfaction of this Agreement. Other General Terms and Conditions: 22. All Artist Recipients are encouraged to inform RASA detailing how the Artist has used the Award funds. 23. All Artist Recipients are to use the Award funds in the furtherance of the Artist’s artistic education and talent, including the use for study at an education institution as defined in IRC 4945(d)(3) Grants to Individuals.. Such uses may include, but are not limited to, tuition, fees, course required books, supplies and equipment. 24. If an Artist Recipient uses any Award funds for tuition, fees, books, supplies and equipment required for coursework, Artist may not have to pay taxes on it. However, if any portion of those funds is used for room and board, travel, or optional equipment not in furtherance of the Award’s purpose, that portion may be taxable and may be included in the Artist’s gross income. If that is the case, Artist may have to estimate tax payments. Use Worksheet 1-1, Taxable Scholarship and Fellowship Income to calculate those amounts. The Ringholz Foundation does not provide tax or legal advice and Artist should consult with a qualified accountant and/or financial advisor regarding these matters. 25. Federal, state, and local taxes and all other costs and expenses associated with acceptance and use of the Award are the Artist Recipient’s sole responsibility. 26. All Artist Recipients are encouraged to give back and give forward with their gift and to become a part of The Ringholz Society which is a group of Grant recipients and board members that can network with each other in the future. 27. Once an Artist receives a $1000 Award, that Artist may NOT win it again in following years. Limitation of Liability and Indemnification: 28. By entering, each Artist agrees to release, discharge, indemnify, and hold harmless The RASA, Content Hosts, and their respective parent and affiliate companies and subsidiaries, including each company's respective officers, directors, employees, agents, contractors, and subcontractors and their immediate families (spouse or domestic partner, parents, siblings, children, and all of their respective spouses or domestic partners) and household members of each such individual, and any and all other companies and individuals associated with this Award (collectively, the "Released Parties") from and against any claim or cause of action related to, or arising out of, this Award. Possible claims or causes of action include, but are not limited to, infringement of any right of publicity or intellectual property; threatened or actual injury, loss, or damage to any person, including death and disability; defamation or portrayal in a false light (intentional and unintentional); and damage to or loss of property, arising out of such Artist's participation or receipt or use or misuse of any prize. Released Parties are not responsible for technical failures of any kind, technical or human error that may occur in the administration of this Award, and any injury or damages to persons or property that may be caused, indirectly or directly, in whole or in part, from Artist's application for this Award. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO, OR ARISING OUT OF, THIS GRANT. Publicity: 29. Participation in this Award application process constitutes any Artist Recipient’s consent to The RASA use of the Artist Recipient’s name, likeness, photograph, voice, opinion, statements, biographical information, hometown and/or state, and their submitted artwork(s), in any form or medium now known or hereafter developed, in perpetuity, without further review, notification, payment, or consideration (unless prohibited by law). Disputes: 30. The RASA reserves the right to cancel, suspend, and/or modify the Award, or any part of it, if any fraud, technical failure, tampering, computer virus, or other factor, technical or otherwise, beyond The RASA’s reasonable control, impairs The RASA’s ability to properly conduct the Award, as determined by The RASA in its sole discretion and subject to any law or regulation. 31. Except where prohibited, Artist agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Grant shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in Teton County, Wyoming; and (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with applying for this Award, but in no event attorneys' fees. All issues and questions concerning the construction, validity, interpretation, and enforceability of this Agreement, or the rights and obligations of the Artist and/or The RASA in connection with the Grant, shall be governed by, and construed in accordance with, the laws of the State of Wyoming, without giving effect to any choice of law or conflict of law rules (no matter what jurisdiction), that would cause the application of the laws of any jurisdiction other than as stated. 32. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. Privacy Policy: 33. Information submitted with an application is subject to the Privacy Policy on The RASA's website available at rasawards.com. I HAVE CAREFULLY READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP CERTAIN RIGHTS BY SIGNING IT, SIGN IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE AND SIGN FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR RELYING ON ANY OTHER WRITTEN OR ORAL REPRESENTATION BY ANGLERS OR ITS AGENTS OR EMPLOYEES.
BY CLICKING THE AGREEMENT BUTTON, I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT. I UNDERSTAND AND AGREE TO ALL OF THE TERMS STATED. ADULT PARTICIPANT Electronic Signature Authorization I understand and acknowledge that under the Uniform Electronic Transactions Act (UETA), or its state law equivalent, and under the Electronic Signatures in Global and National Commerce Act (ESIGN), by applying my electronic signature to this Agreement, I am creating a legally enforceable agreement. I agree that my electronic signature is the legally binding equivalent of my handwritten signature on paper. I will not, at any future time, claim that my electronic signature is not legally binding or enforceable. By electronically signing and submitting this Agreement, I: 1) acknowledge that I have read and fully understand the terms of the Agreement; 2) voluntarily agree to be bound by this Agreement; and 3) certify that I am 18 years of age or older. My signature applies to all pages of this contract. ADULT and MINOR PARTICIPANT Electronic Signature Authorization I understand and acknowledge that under the Uniform Electronic Transactions Act (UETA), or its state law equivalent, and under the Electronic Signatures in Global and National Commerce Act (ESIGN), by applying my electronic signature to this Agreement, I am creating a legally enforceable Agreement. I agree that my electronic signature is the legally binding equivalent of my handwritten signature on paper. I will not, at any future time, claim that my electronic signature is not legally binding or enforceable. By electronically signing and submitting this Agreement, I: 1) acknowledge that I have read and fully understand the terms of the Agreement; 2) voluntarily agree to be bound by this Agreement; 3) certify that I am 18 years of age or older; 4) that I shall be personally responsible for the minor(s) abiding by the terms of this Agreement; (5) represent I am the parent or lawful guardian of such minor(s) and I sign with the full and complete decision-making authority on their behalf.