General terms of entry

These general terms and conditions of participation set out the conditions under which young visual artists under 35 years of age on January 14, 2013 and residing in Europe (hereinafter individually referred to as a “Participant”) can take part in the PUSH YOUR ART Competition (hereinafter the “Competition”) open from 10 a.m. CET on October 25, 2012 through 11.59 p.m. CET on January 14, 2013. The Competition, organized jointly by France Telecom, a limited company with capital of €10,595,541,532, registered with the Paris Trade and Companies Register under number 380 129 866, whose head office is located at 78, rue Olivier de Serres, 75015 Paris, and Palais de Tokyo, a simplified single shareholder company with capital of €10,000, registered with the Paris Trade and Companies Register under number 533 994 059, whose head office is located at 13, avenue du Président Wilson, 75116 Paris (hereinafter the “Organizing Companies”) rewards the best projects for the creation of 3D works of art determined by a jury of prestigious experts from the world of contemporary art and the 3D creative industry.One artist sponsoring the competition will also produce a 3D work under the same conditions as the young Prizewinner.

Participation in the PUSH YOUR ART Competition is subject to these general terms and conditions of participation (hereinafter the “General Terms and Conditions of Participation”) that the Participant expressly accepts upon registration.

These general terms and conditions of participation thus constitute a contract between the Participant and the Organizing Companies.

ARTICLE 1 – DEFINITIONS

In these general terms and conditions of participation, the following terms will have the meaning ascribed to them in this Article, unless otherwise stated:

Participant  : Designates any young visual artist under 35 years of age on January 14, 2013 and residing in Europe, who has completed all the formalities set out in the General Terms and Conditions of Participation, in order to take part in the Competition.

Site  : Designates the online communication service to the general public accessible via the www.pushyourart.com website.

Project  : Designates the original concept put forward by the Participant with the aim of producing a 3D work formalized in a document summarizing those items and components essential to the assessment of its technical and artistic design.

Content  : Designates all the elements presented by the Participant in support of their Project in the documents supplied for the Competition.

ARTICLE 2 – PURPOSE

The purpose of these general terms and conditions of participation is to set down the participation conditions for the PUSH YOUR ART Competition along with the assessment criteria for Projects eligible for the Competition.

ARTICLE 3 – ACCESS TO THE COMPETITION

3.1 Technical pre-requisites

In order to enter the Competition, the Participant must have free use of a laptop computer, internet access and an e-mail messaging system. The Participant is not required to master 3D techniques.

3.2 Format of documents

The documents required for the application file must be sent in a single e-mail to the address registration@pushyourart.com in .pdf format. The total size of the documents sent must not exceed 10 MB.

3.3 Language in which documents are written

All documents provided for the competition must be written in French or English.

3.4 Registration for the Competition

In order to take part in the Competition, the participant must complete all the information required in the application file as set out below in Article 4.1

3.5. Accuracy of information provided

The Participant commits to ensure that the information sent in the application file is accurate and up-to-date where appropriate.

ARTICLE 4 – SUBMISSION OF APPLICATIONS

4.1 Application file

In order to take part in the competition, the candidate must send all of the following documents in a single e-mail to the address  
  • The duly completed application form (available from the www.pushyourart.com website)
  • Their portfolio (presentation of a selection of works)
  • Their resume
  • A cover letter explaining why the Participant is applying (maximum 2,000 characters, including spaces)
  • A presentation of their project including a statement of intent (maximum 3,000 characters including spaces) and illustrative materials (images or videos embedded in the document or hosted on a website)
  • Any incomplete files will be rejected.

    Once the application file has been submitted, the Participant will receive electronic confirmation of receipt that provides proof of submission. This will be sent to the e-mail address given in the application file.

    Application files can be submitted from 10 a.m. CET on October 25, 2012 through 11.59 p.m. CET on January 14, 2013. All elements must be included in a single e-mail, the size of which must not exceed 10 megabytes.

    Each Participant is authorized to submit a maximum of one Project only. If a Participant sends several application files or Projects included in the same application file, then all of the projects will be rejected without being considered.

    All applications are individual. If a group of artists wishes to submit a collective Project, then one person alone may represent them in the application file, at the Master Class, and at the Jury presentations.

    4.2 Selection of Projects

    4.2.1 The Organizing Companies are looking for a visual and plastic work in 3D that can falls within the boundaries of an artistic process meeting the criteria set out in these general terms and conditions of participation.

    The selection criteria for Projects are :
  • Relevance of the use of 3D
  • Conformity with the required format: after it has been developed, the Project must present a 3D work that will be displayed on a 3D screen with glasses, for a duration of no longer than 3 minutes, with production costs not in excess of thirty thousand euros excluding tax (€30,000 excl. tax).The artist is free to choose the theme of the Project.
  • An original Project that has never previously been produced.
  • The artistic qualities of the Project
  • The Jury (hereinafter the « Jury ») will assess the Projects submitted in line with these criteria.

    The Jury will be made up of specialists from the contemporary art and 3D sector.

    The Jury will select 10 Projects authorized to continue in the competition and take part in a Master Class that will take place at Palais de Tokyo in Spring 2013, from March 21-23 (provisional dates). The Master Class organized at Palais de Tokyo is intended to furnish the creators of the 10 Projects selected with knowledge that is both practical and theoretical in nature with regard to creating 3D works. They will also be supervised by the curatorial team of Palais de Tokyo so as to perfect the presentation of their Project with a view to their Jury presentation upon completion of the Master Class. To this end, the results of this selection will be published at the end of February/beginning of March 2013 on the website www.pushyourart.com and by e-mail to the selected candidates.

    4.2.2 The selected Participants must take part in a Master Class at Palais de Tokyo lasting 3 days in Spring 2013, from March 21-23 (provisional dates). The attendance of each selected Participant is compulsory if they wish to continue in the competition. Any non-attendance will lead to disqualification. During the Master Class, the selected Participants will have to produce a body of work that enhances their initial artistic Project, which will be examined by the Jury.

    The costs incurred by participants in order to get to the Master Class (transport, accommodation, catering) will be covered by France Telecom, who will provide all details in this respect to each participant at the appropriate time. Any other costs, and any personal expenditure made by a given Participant during the Master Class will remain the exclusive responsibility of the Participant, and shall not be reimbursed in any way whatsoever by the Organizing Companies.

    4.2.3 The Projects created by the 10 finalists will be presented to the Jury during a final that will take place two days after the conclusion of the Master Class, on March 26, 2013 (provisional date). The finalists will exhibit their Project during an oral examination made up of a presentation phase of the Project and a question-and-answer phase with the Participant.

    The Jury will be made up of high-profile figures from the world of contemporary art and 3D creation, including the chairman of Palais de Tokyo.

    After the oral examinations, the Jury will select 1 Winning Project and 3 Runner-Up Projects.

    France Telecom commits to fund the Winning Project up to a maximum amount of €30,000 excluding tax (thirty thousand euros excluding tax), subject to the following conditions :
  • The Participant who created the Final Winning Project commits firmly to remain involved throughout the production of the 3D work, and to put forward an artistic project that falls within the allocated budget, adapting the technical specifications in the event of contingency plans relating to any production, while respecting the artistic objectives that were presented to the Organizing Companies both when the application was received and when the Jury interviews took place.
  • The Participant who created the Final Winning Project must, as soon as possible after their Jury interview, enter into an agreement with the Organizing Companies which sets out the terms of participation of the Organizing Companies in the production of the winning Project and the transfer by the Participant of any copyright relating to their Project.
  • The 3 Runner-Up projects will be exhibited in sketch form similar to those presented to the Jury for the final interview, alongside the work of the artist sponsoring the competition and the work of the Winner during the exhibition at Palais de Tokyo in September 2013 (provisional date).

    In addition, the Participant creating the Final Winning Project authorizes the exhibition of their work along with any preparatory sketches produced during the Master Class at Palais de Tokyo where appropriate, in September 2013 (provisional date).

    Regarding the 3 other Runner-Up Participants, by taking part in the Competition and Master Class, they commit to enter into an agreement with the Organizing Companies which sets out the methods of transfer of copyright relating to all their preliminary works (pre-selection work and works produced as part of the Master Class) for the purpose of representing said works at the above-mentioned exhibition. They also authorize the exhibition of their preparatory sketches created during the Master Class at Palais de Tokyo in September 2013 (provisional date).

    4.3 Responsibility of the Participant

    The Organizing Companies provide the Participant with access to a website enabling them to submit a Project for the PUSH YOUR ART Competition.

    The Content submitted by each Participant to support their Project must breach neither the legal and/or regulatory provisions in force, nor the provisions of these general terms and conditions of participation.

    As such, the Participant commits to specifically ensure that no Content contains any elements that may infringe upon intellectual property rights or the personal rights of third parties.

    The Participant also refrains from attempting to mislead third parties by usurping the name or company name of other parties.

    4.4. Guarantee by Participant

    The Participant guarantees that they hold, or possess without restriction, all authorizations required in respect of intellectual property rights (copyright, rights related to copyright, trademark rights) and more generally, all rights necessary for the exhibition of their work at Palais de Tokyo.

    The Participant guarantees the Organizing Companies against any recourse, action or claim whatsoever that may come from any private individual or legal entity that participated directly or indirectly in the production and creation of the Content and/or that may assert rights over the Content.

    The Participant certifies that they are exclusively responsible for respecting the obligations relating to the use of the names of all private individuals or legal entities participating in the Content and guarantees the Organizing Companies against any recourse in this respect.

    4.5 Responsibility of the Organizing Companies

    The Organizing Companies guarantee the confidentiality of information received, and guarantee that no-one will have access to the files sent or the information provided during the registration process, save for the operational teams of the Organizing Companies, members of the Jury and those people responsible for technical maintenance of the site.

    The Organizing Companies do not have any rights in relation to the Projects submitted save for the transfer of rights agreed within these General Terms and Conditions of participation. The Participant remains the holder of all tangible and intangible rights relating to this Project, and as such, continues to assume full responsibility for any damage to the rights of third parties.

    The Organizing Companies cannot be held responsible for the consequences resulting from access by a third party to a Participant’s information and Content in connection with the Competition.

    ARTICLE 5 – COMMUNICATION, PRESS, BROADCAST OF INFORMATION

    The 10 participants in the Master Class authorize the Organizing Companies to allow media coverage of the competition and its results unconditionally. Specifically this covers :
  • use of their names
  • reproduction of their images
  • summarizing their actions and creations.
  • ARTICLE 6 – TERM

    Registration for the Competition takes effect as soon as the online registration is confirmed, and ends when the Participant receives a negative response after the selection process for the Master Class, or is not selected for exhibition after the Master Class, or after their works and/or creation have been exhibited if selected by the Jury.

    ARTICLE 7 – FEES

    Registration in the Competition is free (excluding Internet connection costs).

    ARTICLE 8 – AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF PARTICIPATION

    The Organizing Companies reserve the right to amend the General Terms and Conditions of Participation in whole or in part in the event of force majeure or events beyond their control. Neither shall their responsibility be committed, nor shall any compensation be due in relation to said event(s). In the event of amendments, these will be highlighted on the homepage of the website. Any Participant who refuses to accept the application of the amendment(s) must cease their participation in the Competition and withdraw their application if appropriate.

    ARTICLE 9 – TERMINATION OF PARTICIPATION AND OF THE COMPETITION

    9.1 The Organizing Companies reserve the right at any time and without notice or obligation to explain their actions, to cut short, extend, postpone or cancel the Competition in the event of force majeure or events beyond their control. Neither shall their responsibility be committed, nor shall any compensation be due in relation to said event(s). In the event that the Competition is terminated permanently, the Participant will be notified via publication of the relevant information on the website.

    9.2 Only those participations complying with all the stipulations of these general terms and conditions of participation for the Competition will be accepted. In this regard, the Organizing Companies reserve the right to carry out all checks they deem necessary as regards the identity, age, and contact details of each Participant. Any information provided by a Participant as part of their application file that is incomplete, incorrect, false, or does not enable identification or localization of said Participation, will entail the cancellation of their participation in the Competition.

    9.3 The Participant may terminate their participation in the Competition at any time by sending an e-mail to the same address as that used for registration, namely registration@pushyourart.com

    Termination of participation will result in the deletion of the documents contained in the application file. As such, it is the Participant’s sole responsibility to ensure backups are made of all their documents on a device belonging to them.

    ARTICLE 10 – PERSONAL DATA

    10.1  The Participant is solely responsible for data they send in relation to the Competition, and certifies that the data supplied is fully complete and accurate. The data collected as part of the Competition is processed and used by the Organizing Companies in connection with implementing the Competition, and to send the Participant information e-mails.

    In accordance with Law no. 78-17 of January 6, 1978, Participants may at any time access the personal information regarding them held by the Organizing Companies, and request that said data be amended or deleted, by sending an e-mail to registration@pushyourart.com, providing proof of identity.

    10.2  Data regarding the Participant and their participation in the Competition is kept and archived confidentially by the Organizing Companies in accordance with the applicable legal provisions. It may be the case that the Organizing Companies transmit information relating to the Participant in connection with judicial requisitions or following a court decision.

    ARTICLE 11 – AGREEMENT OF PROOF

    The Organizing Companies have put in place the necessary technical resources to show any person’s participation or non-participation in the Competition. It is thus agreed that, unless a manifest error is observed, the data contained in the Organizing Companies’ information systems carries probative weight in terms of login elements and information processed by computer relating to the Competition.

    As such, unless a manifest error is observed, the Organizing Companies may, specifically for the purposes of proof of any deeds, facts or omissions, use any schedules, data, files, saved information, operations and other elements (such as monitoring reports or other statuses) that are electronic or computerized in format, support or nature, drafted, received or kept directly or indirectly by the Organizing Companies, specifically within its information systems.

    Participants commit not to dispute the admissibility, validity or probative weight of the aforementioned elements that are computerized or electronic in nature or format, on the basis of any legal provision whatsoever, that may specify that certain documents must be written or signed by the parties in order to constitute evidence. Thus the elements considered have evidential weight, and if they are produced as forms of evidence by the Organizing Companies during any litigation or other proceedings, they will be admissible, valid and binding on the parties in the same way, under the same conditions and with the same probative weight as any document drawn up, received or kept in writing.

    ARTICLE 12 – MISCELLANEOUS – APPLICABLE LAW

    If one or more of the stipulations of these General Terms and Conditions of Participation are null and void or declared as such in application of a law, regulation or following the final ruling of a competent jurisdiction, the other stipulations will retain their full weight and extent.

    Any stipulations declared as null and void and invalid will then be replaced by stipulations that are as close as possible in terms of their content to the stipulations initially set down.

    The parties will not be held responsible, or considered to have breached these General Terms and Conditions of Participation, for any delay or non-performance, when the cause of the delay or non-performance is linked to force majeure as defined by the jurisprudence of the French courts.

    Any claims or disputes relating to the Competition must be sent in writing to the following address: contact@pushyourart.com

    The Participants accept unreservedly that the very fact of participating in the Competition means they are imperatively subject to French law, specifically in terms of any litigation that arises as a result of the Competition, or that is directly or indirectly related to it, without prejudice to any conflict-of-law rules that may exist. An attempt will be made to amicably resolve any disputes arising from the Competition between the Organizing Companies and the Participant. If no agreement can be reached, then the dispute will be subject to the competent jurisdictions, in accordance with the provisions set out in the Code of Civil Procedure.