NEW YORK AQUARIUM 2017 MURAL COMPETITION OFFICIAL RULES


Deadline Extended to 11:59:59 EDT on April 14, 2017!


The NEW YORK AQUARIUM 2017 MURAL COMPETITION (the "Contest") starts at 12:00:01 EDT on February 27, 2017. Entries are due by 11:59:59 EDT on April 14, 2017. Winners will be announced on or around May 5, 2017 and winners' murals will be painted and installed during the week of June 5, 2017. The sponsor of this Contest is the Wildlife Conservation Society ("Sponsor" or "WCS"), with a principal place of business at 2300 Southern Boulevard, Bronx, New York 10460. The Contest shall be subject to these Official Rules, and by entering, all participants agree to be bound by the terms and conditions herein. Certain restrictions may apply.

NO PURCHASE IS NECESSARY TO ENTER THE CONTEST.

CONTEST OBJECTIVE: This is Sponsor's first New York Aquarium mural competition, and Sponsor intends to make this an annual Contest. Sponsor will select three winning mural designs to be painted and installed by the artists on the Conservation Hall Boardwalk wall at the New York Aquarium, located at Surf Avenue & West 8th Street in Brooklyn, New York 11224.

The theme for the first year of the Contest is "Ocean Plastics" ("Theme"). Sponsor seeks to install mural designs that communicate how people can positively impact the health of our oceans. Approximately 300 million tons of plastic are produced globally each year. Of this total annual production, more than eight million tons of plastic ends up in our rivers, streams and ocean. These plastics have wide-ranging effects on aquatic wildlife and ecosystems. This pollution degrades and pollutes sensitive habitats and poisons wildlife when mistakenly ingested as food. According to the World Economic Forum and the Ellen MacArthur Foundation, "given projected growth in production, in a business-as-usual scenario, by 2050 oceans could contain more plastics than fish (by weight)." It is up to all of us to act now to shape a better future. What are the steps every day consumers, plastic producers, government decision-makers and others can take to reduce the amount of single use plastic that is produced, consumed and disposed? How will these steps improve ocean health and the health of waterways both globally and in our own backyard? WCS and the New York Aquarium's goal is to positively shape the future health of our oceans – the place the world's marine animals call home.

Each of the three winners will paint and install a mural in one section of the Conservation Hall Boardwalk wall. The dimensions of each section of the wall are approximately 47 feet wide by 12 feet high.

ELIGIBILITY: This Contest is open only to legal residents of the fifty United States (not including territories and possessions) and the District of Columbia who are 18 years of age or older as of the date the Contest begins. The officers, trustees, employees and agents of Sponsor and its affiliates, and the immediate family members and those living in the same household of the foregoing, are not eligible to participate in the Contest or win prizes. All federal, state and local rules and regulations apply. Void where prohibited by law.

In order to be eligible to be selected as a winner, each entrant also must commit to:

(1) completing a ladder safety training session, to be conducted at a time and place to be determined by WCS, prior to commencing work to paint and install the mural; and

(2) being available during the entire week beginning June 5, 2017 to paint and install the mural at the New York Aquarium.

HOW TO ENTER:

(1) An entrant may be one individual or a group of individuals with a designated lead ("Designated Lead"). As used herein, "you" and "your" shall refer to the individual or each individual comprising a group that submits an entry. To enter, the individual entrant or the group's Designated Lead must use the link, follow the instructions, fill out the Contest entry form at https://nyaquarium.com/2017-mural-competition and upload the following with each entry:

  • A digital image or sketch of the proposed mural design ("Mural")
  • A statement providing the story behind the Mural and its content, and how it demonstrates the Theme ("Statement")
  • Production schedule and material needs
  • Four (4) digital samples of recent work (i.e. produced within the last 5 years) by the individual entrant or Designated Lead
  • An artist bio or resume (2 page maximum per person) for the individual entrant or each participating artist in a group entry,
  • Two references for the individual entrant or Designated Lead (i.e. provide names, addresses, emails and phone number of two professional references with knowledge of the artist's work), and
  • Requested form of copyright notices for the Mural and Statement

(2) Entries must be made by the artist or artists who created the Mural and the Statement. Entries made by any other individual or any entity, and/or originating at any other website or email address, including but not limited to commercial contest subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. The use of any device or program to automate the entry process is prohibited.

(3) By entering, you grant Sponsor the non-exclusive right to use and publicly display your Mural and Statement, to publish and distribute photo and video images of all or a portion of the Mural and Statement, and to create derivative works from your Mural and Statement, in perpetuity, in any of Sponsor's online, print or other media publications, channels, materials or exhibitions (including but not limited to the Sponsor's Facebook, Twitter or Instagram accounts), for purposes of promoting the Mural, the Statement, the New York Aquarium and/or Sponsor's mission and awareness of its facilities and programs, including but not limited to editorial, advertising, publicity, and fundraising purposes, without payment of compensation unless prohibited by law; provided, however, that Sponsor will not use the Mural or Statement for purely commercial purposes (exclusive of fundraising). You grant Sponsor the right, but not the obligation, to provide your name, and your city and state of residence, when displaying, publishing or reproducing images of, or otherwise using reproductions of, the Mural or Statement, and when identifying you as an entrant or prize winner in the Contest. Subject to the rights granted to Sponsor, you retain all other copyrights and rights to future use of the Mural design and the Statement you enter into the Contest. While Sponsor will make every effort to credit you by name when it uses the Mural or Statement, with a copyright notice in the form specified in the Contest entry form, you acknowledge that there may be circumstances where it is not possible for Sponsor to do so.

(4) By entering, you represent and warrant that the Mural and the Statement that you submit are original and are solely your own work, and that no part of the Mural or Statement will infringe or violate any copyright, trade secret, trademark, patent, invention, or other proprietary or personal right of any third party. You further represent and warrant that your participation in this Contest does not violate any agreement between you and a third party.

(5) Sponsor reserves the right to disqualify you if, among other reasons, you breach the warranties you are required to make, or your entry is lost, late, misdirected, incorrect, incomplete, garbled or incompletely received, for any reason whatsoever, including by reason of hardware, software, browser, mobile device or network failure, malfunction, congestion or incompatibility with Sponsor's servers. False, fraudulent or deceptive entries or acts shall render entrants ineligible.

(6) No other method of entry will be accepted. No mechanically reproduced entries will be accepted. Sponsor will not accept entries submitted through the mail or through Sponsor's website. Sponsor reserves the right to modify the deadline for submissions due to circumstances beyond its control. There is a limit of two entries per entrant.

PRIZE WINNER SELECTION AND CRITERIA: There will be two phases to select the winners.After the close of the entry period, eligible entries will be evaluated by a panel including WCS judges and potential outside artist judges. The panel will include at a minimum the Director of the New York Aquarium, WCS' Chief Architect and a WCS graphic designer. The judges will evaluate the Murals and Statements submitted by entrants based on ability to communicate the Theme, visual appeal, composition, originality, and production schedule and materials needs. The judges will select between five and ten semi-finalists from among the entries. For the second phase, the selected semi-finalists will be posted on Sponsor's Facebook, Twitter and Instagram accounts as soon as possible after the close of the entry period. Members of the public, after providing a name and email address, will be given the opportunity to vote for up to three (3) Mural entries through a link to the New York Aquarium website. The voting period will be announced, and is expected to take place on or about April 21, 2017 through May 1, 2017. The three Mural entries with the most votes will be selected as the three winners. The decisions of the Contest judges, and the results of the public vote, are final and binding.

If a dispute arises about who submitted an entry, the entry will be deemed submitted by the authorized account holder who posted the Mural image via email. The authorized account holder is deemed the natural person who is assigned to an email address by an Internet access provider, service provider, or other online organization with such responsibility. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning entry and that all eligibility requirements are met.

WINNER NOTIFICATION: Each winner will be notified via email at the address provided on the on-line entry form and asked to confirm and verify his/her identity via email to Sponsor. Sponsor is not responsible for changes to an entrant's email address after the entrant enters the Contest.

Each winner will be required to execute and return an Affidavit of Eligibility/Release of Liability/Publicity Release and completed IRS W-9 form within five (5) days of notification. A winner will be disqualified, and an alternate winner will be selected, if a selected winner fails to comply with these rules, cannot be contacted, is deemed ineligible, fails to reply to the winner notification as requested, fails to return the completed and executed Affidavit/Release in the stated time period as required, or fails to claim the prize. Acceptance of a prize constitutes permission to use the winner's name, likeness and winning entry for promotional and publicity purposes without additional compensation or limitation unless prohibited by law. All decisions of the Sponsor regarding the selection of winners, notification and substitution of winners in accordance with these Official Rules shall be binding and final.

Sponsor shall have the right, but not the obligation, to display images of the winning Murals and all or a portion of the winning Statements on Sponsor's digital accounts including Facebook, Twitter and Instagram, social media channels, in print publications and broadcast news outlets, at the New York Aquarium, Bronx Zoo or other facilities operated by Sponsor, on-line or in other locations.

PRIZE: Each winning Mural entry will receive a $2,000 cash prize, and a one-year Family Premium WCS membership to each individual listed on the entry form. Retail value of each membership is $195. At Sponsor's sole discretion, a prize of equal or greater value may be substituted for any reason. Winner may not make prize substitutions. Prize is not transferable or redeemable for cash.

All applicable federal, state and local taxes, fees and surcharges prizes, if any, are the sole responsibility of the prize winner.

LIMITATION OF LIABILITY; RESERVATION OF RIGHTS: Sponsor shall not be liable to the winners or any other persons for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, epidemic or pandemic, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond Sponsor's reasonable control.

Sponsor is not responsible or liable to entrants or any other persons for any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone, broadband, wireless or other network, computer online system, computer equipment, server, provider, mobile device or software, including without limitation any injury or damage to participant's or any other person's computer or mobile device relating to or resulting from participation in the Contest; theft, tampering, destruction, or alteration of, or unauthorized access to, entries; data that is processed late or incorrectly or that is incomplete or lost due to computer or electronic malfunction or traffic congestion on transmission lines or the Internet or for any other reason whatsoever; typographical, printing or other errors; or any combination thereof. Sponsor is not responsible or liable to entrants or any other persons for any damage to the Murals caused during or after installation, or for any repairs or removals that may be required or ordered.

Sponsor reserves the right to repaint, cover or remove all or a portion of any Mural after installation, in its sole discretion, for any reason or at any time. It is anticipated that the Contest will be repeated annually. Accordingly, entrants acknowledge and agree that the Murals may be replaced by designs of subsequent Contest winners.

If for any reason it is not possible to operate this Contest as planned, or if this Contest email or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Contest and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor's sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Contest or any portion thereof.

Notwithstanding the foregoing, Sponsor reserves the right, in its sole discretion, to cancel or modify the Contest for any reason or no reason.

GENERAL: Entrants agree to release and waive any claims they may have against Sponsor and its affiliates, and their respective trustees, officers, employees and agents, for any and all injuries, claims, damages, losses, costs, or expenses of any kind (including without limitation attorney's fees) resulting from acceptance, use, or misuse of the prize; installation, repair, covering or removal of the Murals; damage to the Murals; participation in this Contest; or any technical malfunctions of the telephone network and/or transmission line, computer on-line system, computer, mobile device or transmission device or its dating mechanism, equipment, hardware, software, or any combination thereof, or any entries that are late (including delayed data transmissions), tampered with, garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, illegible or otherwise not in compliance with these Official Rules. By entering the Contest, entrants affirm that they have read and accepted these Official Rules. Entrants agree to defend, indemnify and hold harmless Sponsor and its trustees, officer, employees and agents, against any and all claims arising out of Sponsor's use of the entrants Mural and Statement, and if the Mural includes a recognizable person or people, claims arising out of Sponsor's use of the person's likeness in Sponsor's digital accounts including, Facebook, Twitter and Instagram, social media channels, in print publications and broadcast news outlets. The Contest shall be governed by and construed in accordance with the laws of the State of New York. By entering the Contest, entrants hereby submit to the jurisdiction and venue of the federal and state courts of New York and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum.

For an Official Winner List (available May 15, 2017) or a copy of these Official Contest Rules, send an email to TBD or mail a self-addressed, stamped envelope to: New York Aquarium Mural Contest c/o Gina Talarico, Wildlife Conservation Society 2300 Southern Blvd, Bronx NY, 10460.


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