Future Fashion Competition: Terms and Conditions

Terms and Conditions as at 1st March 2021

 

  1. The within terms and conditions (the “Terms and Conditions”) relate to an art competition entitled the “Future Fashion” (the “Competition”) which Westfield Europe Limited, as the authorized asset manager of Westfield London (“the Centre”), its respective parents, affiliates and/or subsidiary companies (the “Company”) intends to run during 2021 and from which the Company shall select six (6) submissions to be commissioned and exhibited (“Exhibition”) at locations in the Centre during the period as set out in paragraph 6 below.

     

  2. By entering this competition, the artist (the “Artist”) accepts these terms and conditions as set out hereinafter and the entrant further accepts that the terms and conditions of this competition may be altered, amended, varied or otherwise modified by the company at any time up to and including the final determination of the competition and that such alteration, amendment or variation may be made orally or in writing and at all times the terms and conditions are at the sole discretion of the company.

     

  3. The Competition is open to all living Artists residing and/or studying in the London boroughs.The Company may seek verification of the Artist’s eligibility to enter the Competition.

     

  4. The competition shall open at 7am on 1st March 2021 and shall close at 5pm on 12th April 2021. Entries received after this date and time shall not be considered for entry under any circumstances. The Company reserves the right, in its absolute discretion, to extend the Closing date of the competition for a reasonable period of time and where so extended the date upon which the Company decide to be the subsequent closing date shall be the closing date for the purposes of these terms and conditions.

     

  5. Winners of the Competition shall be commissioned to produce the final work (“Commissioned Work”) and awarded a sum of £2,000.00 towards the materials and time required for producing the Commissioned Work.There will be 6 (six) prizes of £2,000.00 awarded in each of the categories: textile, sculpture, jewellery, graphics design, photography and illustration. Notwithstanding the foregoing, prize quantum and composition remains at all times at the sole and absolute discretion of the Company.

     

  6. All entries (“Entry”) are designs of what the Commissioned Work could be and must be sent as a PDF file to ukwlcommunity@urw.com and titled Future Fashion. Each Entry must comply with the following conditions:
    1. It must clearly identify which medium you are submitting for:
      1. Textile
      2. Sculpture
      3. Jewellery
      4. Graphics
      5. Photography
      6. Illustration

     

    1. The Entry must NOT be longer than 5 pages in total and will comprise of the following pages:
      1. the first page must include name, email address, London based postcode (this could reflect where you live, study or work and your chosen medium);
      2. One other page must include an A4 visual of your final piece;
      3. The remaining 3 pages can be used to show your journey and the story behind your final piece. This can be documented using visuals and a maximum of 300 words.

     

  7. Each Entry must be an original and Entries that do not fit within the Conditions of Entry set out below will not be admissible and will not be considered for exhibition. The Company shall retain full and sole discretion over every question as to the admissibility or otherwise of any given work. The following are examples (without limitation) of inadmissible works:

     

    1. Copies that are not original works;
    2. Entries that are in breach of copyright (or reasonably considered by the Company to create a risk of infringing upon a copyright;
    3. Entries that have been previously exhibited;
    4. Incomplete Entries ie not in compliance with the conditions set out in paragraph 5 above; or
    5. Work, that in the reasonable view of the Company, is likely to breach the Racial and Religious Hatred Act, 2006.

     

  8. In addition, the Company reserves the right to disqualify a work, where in the reasonable view of the Company:
    1. The work does not meet any of the entry criteria;
    2. The Artist cannot be contacted; or
    3. The Artist does not respond within 48 hours of being contacted by the Company.

     

  9. The competition is not open to employees, directors, officers, and agents or servants of the Westfield Europe Limited, their respective licensees, assigns, parents, affiliates and/or subsidiary companies, and their immediate family members of their households.

     

  10. The judges (“Judges”) shall be appointed by the Company in such number and of such qualification as it sees fit at its sole discretion. The Judges’ decision shall be final and no correspondence will be entered into.

     

  11. The Company shall endeavour to notify successful Artists (the “Selected Artist(s)”) who will be invited to have their designs commissioned into a Commissioned Work on or shortly after Monday the 3rd May 2021 or such other date as the Company, at its absolute discretion, shall elect (the “Notification Date”). On or shortly thereafter the Notification Date, all Selected Artists will be contacted and provided with full delivery details and the relevant dates for their Commissioned Works to be completed. The delivery of the work to and from the Exhibition is the responsibility of the Artists. and may be required to provide further high quality images of their work for marketing or promotional purposes.The Commissioned Work shall be sent to:

     

    By post or courier: to arrive by 21st July 2021to Centre Management Suite Unit 4006

    London

    W12 7GF

    GB

     

    In person: to arrive by 21st July 2021 between 10am and 5pm to Centre Management Suite Unit 4006

    London

    W12 7GF

    GB

     

  12. The Commissioned Works must be available for Exhibition from 21st July 2021 to 31st August 2022. While the Company shall endeavour to provide advance notice to all entrants with respect to key dates and timelines, the Company reserves the right to make such alterations and changes to key dates as are reasonably necessitated.

     

  13. All Commissioned Works should be delivered unwrapped, when delivering in person. Framing or mounting of Commissioned Works, if required for exhibition, is the responsibility of the Artist and must be carried out prior to delivery. Commissioned Works not requiring framing or mounting must be suitably protected to avoid damage in transit and clear indication should be given as to how the work could be presented.

     

  14. The Company will endeavour to organise an exhibition of the selected works at locations and times to be confirmed (the “Exhibition”). All decisions relating to the curating of the Exhibition are within the sole and absolute discretion of the Company and the Company makes no representations or offers any guarantees as to the intentions surrounding the Exhibition. The Company accepts no liability howsoever arising for Entries or Commissioned Works that are delayed, misaddressed or impaired, damaged, or incapable of transport.
  15. Following the Exhibition, the Selected Artists will be contacted by the Company to make arrangements for the collection or return of their Commissioned Works.The Company reserves the right to dispose of any works after the exhibition that have not been collected by the Artists or the Artists have made no attempt to collect their work within 3 months of the collection date.

     

  16. The Artist shall be responsible for all costs associated with creating the work.

     

  17. By completing the entry form, the Artist agrees to the Company collecting, retaining, processing, or otherwise utilising the Artist’s personal information solely for the purposes of processing the Artist’s entry to the competition, the promotion and administration of the competition and the creation of the exhibition. In accordance with the Data Protection Act 2018 (and all other relevant Data Protection legislation as may be enacted from time to time), the Company will hold the personal data of Artists supplied on the Entry securely. The data will only be used in the process of administering the Future Fashion Competition and will not be transferred to any third party not directly involved in this Exhibition in accordance with the Company’s privacy policy. The Artist’s personal information will not be shared with third parties or otherwise processes for alternative purposes without the Artist’s consent.This shall be in accordance with the Company’s privacy policy.

     

  18. If the Artist is informed that their work has been selected, the Company shall be entitled to receive verification from the Artist of details pertaining to any and all legal proceedings (either civil or criminal) that may be in being, or contemplated against the Artist. Should any related details change materially during the course of the competition, or where any information concerning the Artist becomes materially inaccurate between time of entry and the end of the competition / exhibition, the Artist shall bring such changes to the attention of the Company without delay. It should be noted that all such sensitive personal data shall be treated with the utmost confidentiality by the company and shall not preclude the Artist from competing. All such decisions remain at the discretion of the Company.

     

  19. By enteringthe competition, the Artist warrants that all such information supplied is truthful, accurate, and not misleading or otherwise incomplete. Where it reasonably or justifiably appears to the company, that the Artist is in breach of this warranty, or where the company understands or apprehends there to be a risk that the Artist, has or will bring the competition or the company into disrepute, the company shall be entitled to take such steps as are necessary to conclude the Artist’s involvement in the competition forthwith.

     

  20. The Artist shall not make, or permit any person to make, any public announcement, communication or circular (announcement), be it verbal, written or howsoever broadcast on any platform to include (without limitation) social media, on or concerning the existence, subject matter, results or terms of the competition, the wider transactions contemplated by it, or the relationship between the parties, without the prior written consent of the company save where such information is already in the public domain or the express written consent of the company is provided. Breach of this section shall be treated as a breach of confidentiality and shall be considered a material breach of these terms and conditions.

     

  21. Artists are responsible for paying all travel costs and expenses incurred if they wish to attend the Exhibition or any element thereof.

     

  22. Whilst the Company shall use reasonable skill in all circumstances in handling Artists’ Commissioned Works, occasional damage to works may occur. The Company shall have no liability whatsoever for any loss, damage or destruction (including loss of profits or any other consequential loss, indirect or incidental losses) to, or relating to, a work of art submitted for exhibition unless such loss arises as a direct result of negligence by the Company.

    It is highly recommended that the exhibiting Selected Artists insure with a reputable insurance company their Commissioned Works for their market value.

     

  23. The Company reserves the right to deny admission to the Competition, or withdraw a work from the Competition or Exhibition if for any reason the work, or any circumstances surrounding the display of the work, appears to the Company to expose it to risk of legal proceedings, reputational damage or other potential loss or if the Entry or Commissioned Work acts in any way detrimental to the brand of the Company.

     

  24. Each Artist, by entering the Future Fashion Competition confirms that they hold all intellectual property rights in the work and that they have obtained prior written approval for the use of any third party copyrighted material contained in the submitted work.

     

  25. Without prejudice to the within terms, the company recognises that the copyright in all works created by the Artist remains with the Artist, however it is a necessary condition of entry, and by so entering, the Artist hereby agrees to grant all necessary rights licences, approvals and authorisations to the company to include, inter alia, the Artist’s work in any footage recorded or captured during the competition / exhibition, including the right to use such images for the promotion of the competition, exhibiting the work publically, referring to the work on digital platforms in the control of the Company, its affiliates or subsidiaries or parents, and for the avoidance of doubt, the Artist hereby grants the company with a non-exclusive, worldwide, royalty free licence to use and publish such footage or materials obtained or others materials in electronic format for purposes connected solely with the competition. Where further consent is necessary from the Artist, it shall not be unreasonably withheld.

     

  26. The Company shall be at liberty to assign or licence their rights in such footage or other materials without the prior consent of the Artist and the Artist hereby agrees to forego all injunctive or other legal remedies with the intent of restraining the use by the company of all footage or material obtained, in any jurisdiction. The Artist is hereby notified of its entitlement to obtain independent legal advice prior to the entry of this competition, whether the Artist chooses to avail of such advice or not.

     

  27. The Artist hereby waives (i) all moral rights as may exist in any footage or imagery or other materials obtained that contain the Artist’s work under the Copyright, Designs and Patents Act or 1988 (as amended) and (ii) all such equivalent or commensurate rights as may exist in any other jurisdiction worldwide. The Artist furthermore agrees not to permit, or cause to be instituted, legal proceedings in any jurisdiction any claim regarding any infringement of moral (or commensurate rights), or claim regarding any alleged derogatory treatment of the Artist’s work.

     

  28. Artists will allow the work to be photographed and reproduced by the Company for the purposes of promoting the Exhibition including catalogue, press and publicity and websites. Copyright of all works remains the property of the Artist. Any enquiries for copyright will be referred to the Artist.

     

  29. For the avoidance of doubt, the Artist hereby warrants that they own the copyright to the works submitted as part of the Competition and all final pieces commissioned by the Company and further warrant that all the works contain no feature or aspect or material that constitutes a breach (or potential/anticipatory breach) of a third party’s intellectual property.

     

  30. By entering the Future Fashion Competition, Artists are agreeing to these conditions of entry. The Company’s decision on all matters pertaining to the above is final. The Company reserves the right, at any time, and from time to time to amend, modify, vary, or discontinue the terms of this competition.

     

  31. Nothing in these terms shall exclude the company’s liability for death or personal injury, fraud, or fraudulent misrepresentation however arising from the Company’s negligence.

     

  32. The Artist acknowledges that in entering into these terms and conditions, it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.

     

  33. These terms and condition (as may be amended from time to time) constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

     

  34. The Artist shall indemnify the Company against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Company arising out of or in connection with any breach of these terms by the Artist.

     

  35. This competition and the within terms and conditions, and all questions relating thereto shall be governed by English law and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

     

  36. Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Art Competition or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in England. All issues and questions concerning the construction, validity, interpretation and enforceability of these terms and conditions, entrants’ rights and obligations, or the rights and obligations of the Company in connection with the Art Competition, shall be governed by, and construed in accordance with, the laws of England, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than England.