Art Exhibition Terms and Conditions

February 4, 2021

TERMS AND CONDITIONS FOR PARTICIPATION IN THE EXHIBITION

We asked our lawyers to make the terms and conditions “short” but their definition of “short” is different from our definition of “short.”!

Participation in this program is voluntary and without any compensation from Rising Tide. By participating in this program, you hereby agree to these terms and conditions and warrant to Rising Tide that all information you submit is truthful and accurate. You also grant Rising Tide all rights necessary to include your submission in this program, including the right to publicly exhibit your submission.

You hereby consent to the use of your personal information by program administrators. You personal information will only be used to the extent necessary to administer this program, subject to any processing that might be necessary for Rising Tide’s compelling legitimate interests, compliance with legal obligations or court orders and exercise and/or defense of legal rights. You acknowledge and agree that your artwork, artwork title and written narrative will be displayed as of October 2021 on the online exhibition of the Rising Tide’s website, it being specified that no name or personal identifier will be displayed in the online exhibition. You also agree that that your artwork, artwork title and written narrative may be displayed on internet sites other than Rising Tide’s website (including social media sites) at the sole discretion of Rising Tide. As a data subject, please contact Rising Tide at the following address globalexhibition@risingtide.ch if you wish to exercise any of your legal rights (i.e. access to your personal information, correction of your personal information, restriction or objection to the processing of your personal information, erasure of your personal information, right to data portability and withdrawal of your consent to the processing of your personal information). Please note that the above rights can be limited – for example, when Rising Tide needs your personal information to comply with the law or assert or defend against legal claims or has other compelling legitimate grounds that override your interests, rights and freedoms. Rising Tide is located in Switzerland. If you are located outside Switzerland, your personal information will be transferred to and processed in Switzerland. Swiss data protection laws may differ from those of your jurisdiction. Rising Tide will not share your personal information with any third party nor transfer it outside of the EEA, subject to disclosure required by any applicable law or competent authority. Rising Tide will only retain your personal information for as long as it is necessary for the stated purpose, subject to any legal requirements, court orders and the time in which any litigation or investigations might arise. Rising Tide is committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that Rising Tide has not been able to assist with your complaint or concern, these Terms and Conditions are without prejudice of your right to make a complaint to the competent data protection authority.

By submitting an entry, you grant Rising Tide and its designees an irrevocable royalty-free, non-exclusive, worldwide perpetual license to use the submission and personal information to administer this program including the public exhibition of the submission on Rising Tide’s website and other internet sites without further compensation, notification, or permission. This non-exclusive license shall survive all assignments of copyright. To all extent authorized by applicable laws, you unconditionally and irrevocably waive all moral rights that exist or may exist in relation to the submission, including the rights to be recognized as author, to determine the first publication, and to integrity of the submission.

You shall be responsible for all costs associated with creating the work.

You warrant that your submissions are original artwork created exclusively by you and that you are the exclusive owner of all rights, title, and interests in the submissions. You also warrant that the submissions do not violate the privacy rights (in particular if your artwork and/or your written narrative include(s) personal information of third parties, you represent and warrant that you have the right to share such personal information and, where necessary, have obtained sufficient informed consent from the concerned data subjects and provided them with all necessary information, as may be required by applicable law, in order for Rising Tide to process and store any such personal information without taking any further steps), publicity rights, copyrights, or other rights of any person or entity. You also warrant that your submissions do not include any illegal or improper content or the likeness of any person.

You agree to defend, indemnify, and hold Rising Tide, its subsidiaries, affiliates, officers, agents, representatives, and employees harmless from any loss, liability, claim or demand, including reasonable attorneys’ fee and costs, relating to any claim made by any third party due to or arising out of your violation of any of the foregoing terms and conditions and/or any breach of your covenants, representations, and warrantees.

Rising Tide reserves the right, at its sole discretion, to cancel, terminate, modify or suspend this program.

This competition and the within terms and conditions, and all questions relating thereto shall be governed by Swiss law and shall be subject to the exclusive jurisdiction of the courts of Switzerland.

You certify that you have read, understand, and intend to be bound by these terms and conditions.

For more information, please contact
globalexhibition@risingtide.ch