1. Introduction
   • The Indie Art Show (“Contest”) is organised by Indie Education (“Organiser”).
   • These terms and conditions (“Terms and Conditions”) establish the parameters under which you (“Participant/s”) are entitled to participate in the Contest.
   • By entering the Contest, Participants confirm they have read, understood and agree to abide by, these terms and conditions.

2. Eligibility
   • The Contest is open to individuals enrolled in Indie College, Indie School, Aware Programs or any other of the approved participating Schools i.e. Te Kura O Matauranga Vision College New Zealand.
   • The Organiser may, at its sole discretion, disqualify any entries and prohibit further participation in the Contest by any Participant who acts in violation of these Terms and Conditions, or otherwise in a manner which is likely to bring the Contest or the Organiser into disrepute.

3. Duration
   • The Contest will begin on Monday January 29, 2024 and all entries must be received by 11:59pm AEST on Friday August 9, 2024 (“Contest Period”).

4. How to Enter
   • Entries must be submitted via the Indie Art Show website https://indieartshow.com.au/enter/
   • Participants must submit their artwork before 11:59pm AEST on Friday August 9, 2024
   • By submitting your artwork, you accept and agree to be bound by these Terms and Conditions.
   • Entry into the Art Show is free.
   • There is no limit to the amount of entries per person.
   • Entrants submitting their artwork must allow their Teacher or Trainer/Assessor to upload it on their behalf and must be willing to provide the following details:
     • Teacher
     • Full name
     • Training/Schools location
     • Program enrolled in
     • Name of artwork, a picture of the artwork and a brief description on it.
   • All eligible entries will be published on the Indie Art Show website and put to a public vote during the Voting Period.

5. Prizes
   • First place – this award is determined by public votes.
   • Second place – this award is determined by public votes.
   • Third place – this award is determined by public votes.
   • CEO award – this award is chosen by the CEO.
   • Indie Imagination Award – this award is determined by the winner of the previous Indie Art Show.
   • In the event the winner or runner up is disqualified, the Organiser will select an alternative winner and/or runner up in accordance with these Terms and Conditions
   • Any decisions of the Organiser are final and no further correspondence will be entertained.

6. Prize Presentation
   • The participants who are the winners of the art show will be advised in the live finale to be held on Zoom.

7. Voting
   • Voting commences on Wednesday August 14 and closes at 11:59pm AEST on Friday September 13 (“Voting Period”).
   • Eligible artwork entered by participants before 11:59pm AEST on Friday August 9, 2024 will be open to the public for voting.
   • To vote during the competition Voting period, visit https://indieartshow.com.au. Select your favourite artwork from the gallery and follow the voting prompts.
   • You may vote for your own artwork.
   • You may vote for more than one artwork.
   • No prize will be awarded for the act of voting.
   • The Organiser reserves the right, at any time, to verify the validity of votes and voters (including a voter’s identity, age and place of residence) and to disqualify any voter who submits a vote that is not in accordance with these Terms and Conditions or who tampers with the voting process. Errors and omissions will be accepted at the Organiser’s discretion. Failure by the Organiser to enforce any of its rights at any stage does not constitute a waiver of those rights.
   • The Organiser reserves the right, at any time:
     • to invalidate any votes which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or votes that have been submitted through the use of multiple identities, email addresses or accounts, including but not limited to social networking accounts; and/or
     • to disqualify any entrant (or invalidate his/her entry) that the Organiser reasonably suspects has paid, bartered or offered payment or other consideration to another person in exchange for votes or has otherwise encouraged or procured any person to submit votes contrary to these Terms and Conditions.
     • Multiple votes permitted, subject to the following: (a) each vote must be submitted separately and in accordance with voting requirements; and (b) a maximum of one (1) vote is permitted per person per entry. For the sake of clarity, individuals are eligible to vote for multiple entries, however, they may only vote for each entry once. 

8. Artificial Intelligence

• • Artists must disclose if they have used Generative Artificial Intelligence or GenAI systems to make their art.
    • Generative Artificial Intelligence (Generative AI, GAI or GenAI) is any artificial intelligence system or program capable of generating text, images or other media using generative models.
    • “GenAI systems” can include but are not limited to: Imagen, DALL-E, Midjourney, Adobe Firefly, Stable Diffusion, ChatGPT, LaMDA, LLaMA, BLOOM, Gemini and others.
  • Gallery Display of AI artworks
    • Art that has been fully (or partially) created using generative AI systems can be entered to the Indie Art Show for display.
  • Award Eligibility for AI artworks
    • GenAI artworks will not be eligible for awards and will be automatically excluded from voting.
    • This applies to all artwork categories/genres, including: visual media (photography, drawing, illustration, painting), poetry, video, sound, animation and all other media.

8. Privacy
   • By submitting your details and artwork, you agree to Indie Education accessing, using, storing and disclosing your personal information in accordance with the Information Privacy Principles (IPPs) as outlined in the Privacy and Data Protection Act 2014, the Privacy Collection Statement (below) and these Terms and Conditions.
   • Any complaints about privacy matters and can be addressed to enquiries@indie.edu.au

9. Privacy Collection Statement
   • Indie Education is committed to protecting information provided in accordance with the Privacy and Data Provisions Act 2014.
   • Any artwork you enter may be stored and used by Indie Education
   • Indie Education (The Organiser) will use the artwork entered for the purposed of the Art Show, it may also be reproduced on The Organiser’s, Indie College and Indie Schools website, social media, in electronic and print promotions and publications.
   • You may access a copy of information held by Indie Education as a result of your entry by contacting enquiries@indie.edu.au
10. Intellectual Property
    • Subject to the conditions below you will retain all copyright and any other intellectual property rights in the artwork.
    • The entrant understands and agrees that their artwork may be published on the following Indie Education, Indie College and Indie Schools media, inclusive of but not limited to:
      • Website
      • Social media
      • Newsletter
      • Indie Art Show print publications, books
    • By submitting your artwork:
      • You grant The Organiser a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, distribute and communicate the artwork on its websites, social media and other digital media, in electronic and print promotions and publications.
      • To the extent permitted by law, you irrevocably and unconditionally consent to The Organiser’s acts or omissions in relation to your moral rights and rights in the nature of moral rights in the artwork which may or might otherwise constitute a breach or infringement of those moral rights and waive you moral rights and rights in the nature of moral rights in the artwork’ and,
      • You agree that, without limitation, The Organiser has the unlimited right to alter and/or use the artwork for purposed set out in these Terms and Conditions and you will not permit, support, commence or maintain any action or proceeding on the ground that and version of artworks infringes any of your moral rights or rights in the nature of moral rights.
11. Warranties
    • By submitting your artwork, you warrant that:
      • You are the sole creator and owner of the artwork you have submitted
      • You are an individual enrolled in Indie College, Indie School, Aware Programs or any other of the approved partner/participating Schools i.e. to Te Kura O Matauranga Vision College (New Zealand)
      • The artwork does not infringe any third party’s intellectual property rights.
      • The artwork was not created by trespassing on anyone’s property or invading anyone’s privacy
      • You have complied with all applicable laws, regulations and codes and obtained all necessary releases to submit your artwork.
      • You have not otherwise breached these Terms and Conditions; and,
      • The artwork does not contain any inappropriate material, including material that:
        • Condones or promotes illegal activity
        • Is obscene, offensive or derogatory to members of a particular race, nationality, sex, sexual orientation, religion or incite hatred of particular groups
        • Is abusive, bullying, or name calling of other people
        • Is cruel to animals
        • Contains excessive use of vulgar language
        • In any way exposes information of a private nature
        • Condones cigarette, alcohol or drug use
        • Is sexually explicit
        • Depicts violence, sadism or cruelty
        • Includes any personal or commercial solicitation or advertising
        • Is defamatory
        • Any other material deemed to be inappropriate by The Organiser.
    • The Organiser reserves the right to disregard any artwork that breaches any of these warrants.
12. Disclaimer, indemnity and limitation of liability
    • To the extent permitted by law, each Participant agrees to indemnify, release and hold harmless the Organiser from any liability, damages, losses or injury resulting in whole or in part, directly or indirectly, from his/her participation in the Contest and the acceptance, use or misuse of any Prize that may be won.
    • The Organiser is not responsible for any incorrect or inaccurate information in the offer or administration of the Competition, including but not limited to, errors in any publishing of these terms and conditions, selection or announcement of any winner, distribution of any Prize and software or network errors
    • The The Organiser and its officers, employees and agents assume no responsibility or liability for any loss, costs, damage, expenses or injury (including without limitation special, indirect or consequential losses, or loss of profits) arising in any way out of the following:
      • any incorrect or inaccurate information, or for any faulty, failed, garbled or jumbled electronic data transmissions;
      • any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers used in any aspect of the operation of the competition;
      • inaccessibility or unavailability of the internet or any the website or any combination thereof;
      • any injury or damage to participants or to any other person’s computer which may be related to or resulting from any attempt to participate in the competition or download any materials in the competition;
      • any infringement of third party’s Intellectual Property Rights, breach of confidentiality or breach of privacy caused by the competition entry;
      • any defamatory statement; or
      • any unlawful activity by you or breach of these Terms and Conditions.
    • By participating in the competition, you voluntarily and knowingly release, discharge and relinquish any and all claims, actions and lawsuits of any kind against the Organiser agree that no claim relating to any loss or injury arising as a result of any of the above shall be made against the Organiser.
    • You indemnify and hold the Organiser and its officers, employees and agents (Indemnified Party) harmless against any loss, damage, claim, action or expense (including legal expense) which the Indemnified Party suffers as a direct or indirect result of any of the following:
      • a breach of these Terms and Conditions;
      • any warranty given by you under these terms and conditions being incorrect or misleading in any way;
      • any infringement of third party’s Intellectual Property Rights, breach of confidentiality or breach of privacy;
      • any defamatory statement;
      • any unlawful activity by you or breach of these Terms and Conditions; or
      • any negligent act or failure to act by you.
    • If, for any reason, the competition is not capable of running as planned for reasons which may, without limitation, include infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this competition, The Organiser reserves the right at its sole discretion to cancel, terminate, modify or suspend the competition at any time in whole or in part. All participants agree to release The Organiser from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with any decision to do so or their participation in the competition.
13. Rights of the Organiser
    • The Organiser may, in its absolute discretion, modify, annul or rescind these Terms and Conditions at any time without prior notice and a Participants’ continued participation in the Contest amounts to acceptance of the revised Terms and Conditions.
    • Failure by the Organiser to enforce these Terms and Conditions in any instance does not constitute any waiver by the Organiser of its rights, which shall be expressly reserved.
    • In the event of a dispute regarding the interpretation of the rules and conditions, the decision of the Organiser shall be binding on all parties.
    • By entering the competition, participants agree to be bound by these Terms & Conditions. The Organiser reserves the right to modify the content of these Terms & Conditions with retroactive effect to ensure the good execution of the competition.
    • If, for any reason, any aspect of the Contest is not capable of being run as planned, including because of computer virus, network failure, tampering, unauthorised intervention, fraud, technical failure or any other causes beyond the control of the Organiser which affect the administration, security, fairness, integrity or proper conduct of the Contest, the Organiser reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest.

For further information
Contact Indie Education
enquiries@indie.edu.au