Terms and Conditions
In these Terms and Conditions of Entry ("T&Cs"), Lucky Day Productions Limited and BBC shall be referred to together as "We", "Us". You, the Artist, shall be referred to as "the Artist" or "you". Please note that these T&Cs shall be subject to change by us at any time.
1. ONLINE ENTRY PROCEDURE
1.1 Entry to Show Me The Monet Series Two (“the Programme”) is available to any artist, professional or amateur, aged 18 years or over with the exception of any artist whose work was selected in Series One for the judges’ exhibition held at the Royal College of Art on 2nd March 2011. In addition any artist who applied for Series One but did not make it through to the exhibition stage may apply for the Programme provided they submit a different piece of work.
1.2 All Artists must be UK residents.
1.3 The Artist shall be entitled to enter one (1) piece of work ("the Work") conforming to the Application Criteria set out at the end of these T&Cs.
1.4 All entries must be made via the online application form at www.showmethemonet.tv/apply
1.5 A photograph of the Work (as defined below in the Application Criteria) must be uploaded when prompted during the application process for consideration by the Judges.
1.6 In addition to the photograph of the Work, each Artist must submit a photograph of him/herself which shall also be uploaded when prompted during the application process. Please note that this is for identification and verification purposes only.
1.7 The closing date for applications is either when 3,000 applications have been received or 23.59 on the 8th January 2012 – whichever is sooner. It is your responsibility to ensure that your application is received by us on time and any entries made after the application process has closed will not be considered for the Programme, regardless of the reason for late entry. While we shall endeavour to maintain our website and availability of our online application forms at all times, we shall not be responsible for any technical failure, malfunction or other problem which may result in any entry being delayed, lost or incorrectly submitted.
1.8 All submissions must be made by the Artist him/herself and may not be made by a third party on behalf of the Artist.
1.9 Entries will not be accepted from Artists who are employees, or family members of employees, of Lucky Day/BBC. Friends of employees of Lucky Day/BBC must declare their relationship on the application form, this will not necessarily exclude their application unless they have deliberately withheld the information at this stage. By entering a Work and submitting the Application Form, the Artist confirms that he/she is the legal owner of the Work and owns all intellectual rights (and other personal and proprietary rights) in and to the Work and is free to make the application for the Work to be used in the Programme. We shall carry out background checks on the Artist to verify his/her identity and confirm the ownership of the Work. If we discover or suspect that a Work is not legally owned by the Artist who has made the application or is not an authentic Work as presented by the Artist, we shall take appropriate legal action including (without limitation) informing the police of our suspicions.
1.10 Only Artists whose work features in the series for example by merit of reaching The Hanging Committee (“Stage 3”) (as outlined in clause 4) or as part of a montage sequence displaying the range and breadth of the work submitted for the series agree to grant us a non-exclusive right in perpetuity (and to waive any moral rights and fees) authorising us to reproduce the Work in any medium, in connection with Programme and all other media associated with the Programme. This includes, but is not limited to books, press materials, websites etc. (Please note that this will not mean that we own the Copyright in the Work itself but will mean that we are free to reproduce it in, and in connection with, the Programme without further payment or acknowledgement to the Artist.) Artists who apply to the series but whose work does NOT feature in the finished programmes will retain the full and exclusive rights they had prior to entering their work.
While we do require a waiver of moral rights in connection with the Programme and media connected with the Programme we confirm that we shall use our best endeavours to ensure that Artists whose Works are reproduced in the Programme but where it is not clear who the creator of that work is (for example in a fast moving montage sequence) will be provided with a web credit.
1.11 We shall hold and use any personal information submitted to us as part of the Application Form in accordance with the provisions of the Data Protection Act 1998. The Artist must confirm on the Application Form that he/she is happy for his/her data to be processed in this way. All information held in this way shall be kept confidential and used only for the purpose of the Programme.
2. STAGE ONE SELECTION - THE FIRST CUT
2.1 All application forms submitted will be placed before our production team which will include independent art critics ("the critics"). The team will view all submissions and select a shortlist of approximately 300 applications ("the First Cut"), based on the following criteria (but always provided that the producer’s decision shall be final and at their sole discretion):
(i) Originality of the Work;
(ii) Technical Skill of the Artist; and
(iii) Emotional Response Evoked by the Work ("the Judging Criteria").
2.2 If an Artist's Work is selected for the First Cut, he/she will be contacted by a member of the production team by telephone or e-mail (as directed by the Artist on the Application Form). The Artist will be invited to take part in a telephone interview with a member of the production team and he/she may then be required to attend, with their Work, at an Audition Day (held at various locations nationwide) to meet with a member of the production team in person.
2.3 Please note that you will only hear from us if you have been selected for the First Cut. If you have not heard from us by 1st February 2012, then unfortunately, it means that your application has been unsuccessful on this occasion.
2.4 At no point can you change/alter/add to your Work after you have submitted your application. If in the production team’s opinion (which is final) your work has changed from the photo you initially submitted in your application you will be disqualified and we are under no obligation to reimburse you for any costs you have incurred in connection with your application to the Programme.
3. STAGE 2 SELECTION - THE AUDITION DAY
3.1 Artists shall be notified of the time, date and (if applicable, the location) of the telephone interview/ Audition Day or the meeting by a member of the production team (whichever may be applicable). Please note that a telephone interview or an invitation to the Audition Day or to meet with the production team does not guarantee that the Artist's Work will be submitted before the Hanging Committee or put into the Exhibition. However, if required by the production team to do so, only Artists who are able to attend the Audition Day or meet with the production team (as we shall advise) shall be considered for the Hanging Committee and Exhibition. We will make reasonable endeavours to invite/meet the Artist at a location which is most convenient for the Artist but it shall be at our sole discretion and subject always to the needs of the production.
3.2 If asked to meet with us in person (see 3.1 above) the Artist must bring the Work with him/her to the Audition Day/meeting and must be able to transport the Work to the agreed location. We shall not be responsible for assisting in any way with the cost of the Artist's travel or transport of the Work to and from the location. Furthermore, the Artist must bring proof of identification and, wherever possible, proof of ownership of the Work. Please note that the production team will advise successful Artists of the necessary documentation in the event that the Artist is invited to meet the production team or attend an Audition Day.
3.3 Following the telephone interview/ Audition Day meeting with the production team, we will contact the Artist to inform the Artist whether he/she has been selected to attend before the Hanging Committee. It is intended that approximately 150 Artists shall be selected.
3.4 If an Artist has not heard from us by 1st February 2012 then unfortunately, his/her application has not been successful on this occasion.
3.5 All decisions in relation to all parts of the selection process shall be at our discretion and subject to change in accordance with the T&Cs, and our decision in this regard shall be final.
4. STAGE 3 SELECTION - THE HANGING COMMITTEE
4.1 Any Artist invited to attend before the Hanging Committee will be required to enter into a long form agreement as a contributor to the Programme ("the Contributor Agreement") which will set out in full all requirements and obligations involved in participating in the Programme. Please note that this Contributor Agreement does not require the artist to grant any further intellectual property rights to us in respect of their works other than those stated in 1.10.
4.2 The Hanging Committee shall convene in London (exact location(s) TBC) and the Artist shall be notified in advance of the date he/she is to attend. The Artist must be available to attend on the date notified to them in order for their Work to be considered for the Exhibition and he/she must transport his/her work to the location at his/her own cost and risk.
4.3 The Hanging Committee shall comprise a panel of three (3) judges (David Lee, Charlotte Mullins, Roy Bolton). However the production team reserve the right to replace any judge and the Artist will be notified of the panel members on the day of the Hanging Committee at which he/she is attending and must inform us immediately in the event that he/she has now or has previously had a relationship of any manner with any member of the Hanging Committee.
4.4 The Artist shall present his/her Work before the Hanging Committee, who shall decide whether to submit the Work to the Exhibition, based on the Judging Criteria set out in clause 2.1 above. The Hanging Committee will have seen the photograph of the Work(s) in advance of the Hanging Committee but will have had no other background information about the Work or the Artist. The Work shall be subject to criticism and review and the Artist must be prepared to defend his/her Work and the valuation that the artist has placed upon it. The Hanging Committee shall make a decision at this point whether to submit the Work to the Exhibition. Please note that it may be necessary for Artists to arrange and pay for their Work to be glazed/ framed if it is selected to be shown at the exhibition but we will inform the Artists in advance of any requirements in this regard.
4.5 If the Hanging Committee decides to submit the Work to the Exhibition, the artist will then be required to leave the Work for storage with us during the period between the Hanging Committee and the Exhibition (at the Artists’s own risk). Your Work will first be valued by an independent valuer (as chosen by the production team) for insurance purposes and you agree to accept this independent valuation for storage purposes. In addition you may be required to enter into a separate agreement with Us detailing all applicable terms and conditions in connection with the storage of your Work.
5. STAGE 4: THE EXHIBITION AND SALE
5.1 The time/date/location of the Exhibition shall be notified to the Artist in advance.
5.2 We shall transport the Work from storage to the Exhibition, where it shall be displayed in the Exhibition with the Guide Price that has been placed upon the Work by the artist.
5.3 Members of the public and professional buyers will be invited to attend the Exhibition and to make binding sealed offers in order to purchase the Work. Friends and family of the Artist may be invited to the Exhibition but shall not be permitted to purchase the Work.
5.4 In addition to the Contributor Agreement which the Artist will have entered, he/she may also be required to enter into an agreement with the curator of the exhibition who will be responsible for the sale of the Work(s) (the “Curator”). In respect of any Sale Rules, these shall be confirmed to the Artist at the time and will include details of any commission payable to the Curator. Please note that this Sales Agreement does not require the artist to grant any further intellectual property rights to us in respect of their works other than those stated in 1.10.
5.5 The Work submitted to the Exhibition shall be offered for sale by way of 'sealed offers’ for purchase. At the end of the Exhibition, the Artist will be notified whether he/she has had any offers to purchase the work at the Guide Price. If the Guide Price has been met then the Artist must sell the Work to the person who has made the highest offer for purchase. If the Guide Price has not been met but there has been an offer to purchase the Work, the Artist shall decide whether he/she wishes to sell the Work or not.
6. TRAVEL AND TRANSPORTATION OF WORKS
6.1 The Artist shall be responsible for arranging and paying for all travel in relation to the application process and participation in the Programme itself including any necessary overnight costs. Furthermore, except as otherwise specified by us, the Artist shall be required to arrange and pay for all transport of the Work required for the application process and the Programme. All transport of the Artist’s Work shall be at the Artist's sole risk.
7. LIMITATION OF LIABILITY
7.1 Any Work submitted for inclusion at any stage of the application process or the Programme shall be at the Artist's own risk (including at any time where it is being stored by us or in our control). We shall use reasonable care when handling any Work but we shall have no liability whatsoever for loss, damage, destruction, deterioration or wear caused to the Work.
7.2 We shall have no liability for any loss of profits or earnings or any other consequential loss or indirect or incidental losses arising from the submission of the Work or from the Artist's participation at any stage of the application process or in connection with the Programme itself.
7.3 We reserve the right to decline any application and/or stand down any Artist at any time and at any stage during the application and/or filming process, at our sole discretion (which may include, without limitation, filming but not including an Artist’s contribution in the Programme) and we shall have no liability for any consequential loss. Furthermore, we reserve the right to exclude from consideration at any stage of the Programme Works which we, in our absolute discretion as producer, consider do not comply with the Ofcom Broadcasting Code or the BBC Editorial Guidelines or our producer guidelines and our decision in this regard shall be final.
8. APPLICATION CRITERIA FOR WORKS
8.1 All Works must be completely original to the Artist and cannot include any material that belongs to, or is copyrighted by, or contains intellectual property rights (e.g trade marks) owned by anyone else.
8.2 All Works must be easily portable as the Artist will be required to transport the Works to the various locations as set out above. Please also note that it may be necessary for Artists to arrange and pay for their Work to be glazed/ framed if it is selected to be shown in the Exhibition but we will inform the Artists in advance of any requirements in this regard.
Within that, we will accept the following:
2D ART
For all Works, the following will apply:
Maximium size of 2D art will be 180cm X 120 cm (6ft X 4ft)
Paintings
Oil, watercolour, acrylic, pastel, tempera (egg based), ink, encaustic (dried coloured wax).
Drawings
Drawing with graphite pencils, pen and ink, inked brushes, wax color pencils, crayons, charcoals, chalk, pastels, markers, stylus
Textile Art
Textiles as hangings (tapestry) NOT textile design or fashion.
Photography
Prints
3D / SCULPTURE:
All sculpture must be of a size and weight that can be portable by the artist acting on their own.
In the event of any dispute over the acceptable size of any 3D work we shall have the final say and shall be under no obligation to reimburse you for any costs you have incurred in connection with your application to the Programme.
Please note that the following works are inadmissible for this application:
Installation
Digital arts
Audio/VideoWork
Textile art as design/fashion
Works that contains toxic substances or are flammable below 50 degrees celsius.
Work, which in OUR opinion, is unsuitable to be broadcast on daytime television.