Terms and conditions – Prompted Peculiar International AI Prize 2023

These terms and conditions (Rules) govern your entry into the Ballarat International Foto Biennale’s (BIFB) Prompted Peculiar — International AI Prize 2023 (PPIAIP).

ENTRY REQUIREMENTS AND ELIGIBILITY

1. To enter the PPIAIP you must be a human who resides anywhere in the world and is aged 18 years or over at the time of submission of your entry. You must not be an immediate family member, close working colleague or client of a judge for the PPIAIP.

2. Your entry must be created using generative AI tools, such as third-party text-to-image or image-to-image generator platforms, your own models, codes and/or data sets, open-source models, codes and/or data sets, or a combination of these (Generative AI Tools).

3. Touch-ups and fine-tuning of your entry without the use of Generative AI Tools is acceptable at the absolute discretion of the judges.

4. Entries open at Tuesday 15 August, 10:00 am AEST and close at 11:59pm AEST on 15 September 2023.

5. Entries must be submitted online via the following link (only):  Prompted Peculiar – International AI Prize

6. You may submit up to six separate entries.

7. If the entry is a collaboration between more than one individual, you and the other individuals must submit one joint entry.

8. When submitting each entry, you must:

a.    complete all the required fields, including your full name and contact details;

b.    submit a brief statement of a maximum of 100 words about your submitted artwork;

c.     disclose the nature of the Generative AI tools used in your entry and any non-AI generated touch-ups or fine-tuning;

d.    upload your entry as a single digital jpg file (maximum file size of 10MB); and

e.    pay a non-refundable entry fee of $30AUD (including GST for Australian applicants) for each entry.

9. Payment of the entry fee must be made online with a Mastercard or Visa debit or credit card.

10. If you withdraw your entry at any time, you will not be entitled to receive a refund of the entry fee.

11. Your entry must not have been exhibited elsewhere, including on social media or another website.

12. You acknowledge that prior to being advised on whether you have been selected as a finalist, your entry will not be promoted on any websites, social media or in print publications.

13. The judging panel reserves the right to refuse your entry if it does not comply with all the applicable entry criteria.

JUDGING CRITERIA

14. Each member of the judging panel has been decided solely by BIFB and has been selected for their knowledge and experience. The judges are Boris Eldagsen, AI artist, Una Rey, Editor, Artlink Magazine and Vanessa Gerrans, CEO of BIFB.

15. The judging panel will assess the entries with regard to the following criteria:

a.    artistic creativity; and

b.    level of innovation used in the process to generate the artwork.

16. Decisions of the judging panel and BIFB are final and no discussions with regards to the selection of finalists, prize winners or the PPIAIP exhibition will be entered into by BIFB or any of the judges.

FINALISTS

17. If your entry is selected by the judging panel, you are a finalist of the PPIAIP (Finalist).

18. If you are not a Finalist, you will be notified by 5:00 pm AEST on 20 September 2023.

19. If you are a Finalist:

a.    you will be notified by BIFB by 5:00 pm AEST on 18 September 2023;

b.    and you have entered your entry into another competition or prize outside of PPIAIP, you must notify us whether you accept inclusion as a Finalist within 24 hours of notification of your entry’s selection by the judging panel; and

c.     you agree to:

i.     permit BIFB to print and frame your work for display in the PPIAIP exhibition, as provided in item 28 below;

 ii.     permit BIFB editing the statement you submitted with your entry for stylistic and size consistency with the other Finalist statements.

d.    you agree that BIFB may not do any of the following:

i.     reveal that you are a Finalist until the date to be advised by BIFB (this embargo period enables a coordinated public announcement about the PPIAIP exhibition); and

 ii.     use any image of your entry in any other event or exhibition before the closing date of the PPIAIP exhibition, provided in item 27(b) below.

WINNERS AND PRIZE DETAILS

20. The winner of the PPIAIP will:

a.    be selected from the Finalists by the judging panel; and

b.    receive a cash prize of AUD $2,000.

21. BIFB is also offering a PPIAIP People’s Choice Prize, which will be determined by online voting submitted to the following link (only): 2023 Prompted Peculiar People’s Choice Award. The winner of the PPIAIP People’s Choice Prize will receive a cash prize of AUD $1,000.

22. PPIAIP People’s Choice Prize voting opens 22 September 2023 and closes 12:00pm on Saturday 7 October 2023. The PPIAIP People’s Choice Prize winner will be determined according to vote ranking.

23. BIFB may offer additional prizes to Finalists, at its sole discretion, including, but not limited to, a Highly Commended prize.

24. The winners and prizes will be announced Sunday 8 October at 2pm AEST.

25. BIFB reserves the right to award each prize(s) to up to two entries if there is a tie, should that be the recommendation of the judges. In this instance, the prize will be equally shared with $1000 to each winner.

26. BIFB reserves the right to disqualify any Finalist from selection for any or all prize(s) if the Finalist has not adhered to the Rules.

27. BIFB will pay the winners their prizes within or as reasonably close as possible to 30 days after using the payment details specified in their entry form.

THE PPIAIP EXHIBITION

28. The PPIAIP exhibition (the Exhibition):

a. includes the selected works by the Finalists;

b. will take place at BAaD Gallery & Events, 737 Sturt Street, in Ballarat, Australia from 22 September to 22 October 2023; and

c. will be open Mon – Sunday, 10:00 am – 4:00 pm AEST during the Exhibition dates. These hours of operation may vary at the discretion of BIFB.

29. BIFB will organise the printing, framing and installation of the selected works by the Finalists for the Exhibition:

a. at BIFB’s expense; and

b. in a consistent format and arrangement to be determined at the discretion of BIFB.

30. The display, wall texts, room sheets and signage for the Exhibition will be designed and produced by BIFB. Other than attributing the Finalist for their selected work in accordance with item 41, the content of the wall texts and room sheets will be at the sole discretion of BIFB. For example, BIFB may or may not choose to include information about the nature of the Generative AI Tools used in the selected entry by the Finalist.

31. BIFB may also display reproductions of the selected works by the Finalists in other locations and formats as part of the Ballarat International Foto Biennale 2023 (for example, a screen projection or a poster).

32. BIFB can remove any or all of the selected works by the Finalists from the Exhibition and/or the Ballarat International Foto Biennale 2023 at any time, in its absolute discretion.

33. Where BIFB receives an enquiry about the purchase of a work displayed in the Exhibition, BIFB will:

a. notify the relevant Finalist of the enquiry; and

b. request the Finalist for permission to share their contact details with the enquirer.

34. Where an enquiry to BIFB about the purchase of a work displayed in the Exhibition results in the sale of that work, BIFB will be entitled to the payment of a commission fee of 20% of the final sale price by the Finalist (Commission). BIFB will supply the Finalist with a tax invoice for the Commission and the Finalist will pay BIFB the invoiced amount within 30 days to the payment details specified on the invoice.

35. All works displayed in the Exhibition will be available for collection from 12 Lydiard Street, Ballarat, Victoria, Australia between Monday 23 September and Tuesday 24 September. On request, BIFB will arrange for the return of the selected work to the Finalist at the Finalist’s expense, as well as freight insurance if requested, within six weeks of the Exhibition end date. Any works that remain uncollected or returned after Monday 6 November 2023 will be donated to Ballarat International Foto Biennale Yellow Dot Fundraiser to support new artwork commissions.

INTELLECTUAL PROPERTY, INDIGENOUS CULTURAL AND INTELLECTUAL PROPERTY AND MORAL RIGHTS

36. For the purposes of these Rules:

a. Intellectual Property Rights means all intellectual and industrial property rights including:

i.  patents, trade marks, service marks, rights in designs, trade names, copyright, in each case whether registered or not, and any applications for registration of any of them;

ii.  rights of confidential information, trade secrets, inventions, and processes; and

iii.  other forms of protection of a similar nature or having equivalent or similar effect to any of them which may subsist anywhere in the world,

but excluding Moral Rights;

b. Moral Rights means moral rights as described in Part IX of the Copyright Act 1968 (Cth), and any analogous rights arising under statute that exist, or may come to exist, anywhere in the world; and

c. Indigenous Cultural and Intellectual Property (ICIP) means the rights that Indigenous people have, and want to have, to protect their traditional arts and culture, but for the purposes of these Rules, excludes Intellectual Property Rights and Moral Rights.

37. You warrant that, to the extent that your entry and any material used by you in the creation of your entry is protected by Intellectual Property Rights, you own or have obtained all relevant consents and permissions to ensure that your entry and any material used by you in the creation of your entry will not infringe any third party’s Intellectual Property Rights.

38. On BIFB’s request, you must provide evidence of such ownership or rights to use the Intellectual Property Rights in your entry and in any material used by you in the creation of your entry.

39. If you are a Finalist, then to the extent that your entry is protected by Intellectual Property Rights, you grant to BIFB a non-exclusive, royalty free, worldwide, transferable (including sublicensable) licence to reproduce (in whole or in part), communicate to the public and otherwise use the copyright in your entry, for the purposes of:

a. BIFB’s reporting, archival and preservation purposes; and

b. the promotion and marketing of your selected work, the PPIAIP, BIFB and BIFB’s business partners and sponsors, including, but not limited to, on the BIFB website and social media accounts.

40. You acknowledge that it will be impracticable for BIFB to prevent visitors to the exhibition from taking photographs and videos of the works on display for personal and non-commercial use, and that you will not hold BIFB liable for such unauthorised photography and/or filming or for a visitor’s subsequent use of such photographs or footage for personal and non-commercial use.

41. Where your entry or any material used by you in the creation of your entry contains ICIP:

a. you will disclose the use of the ICIP in your entry form;

b. you acknowledge that the ICIP remains with the traditional owners or custodians of the ICIP;

c.  you warrant that you have obtained permission from the traditional owners or custodians of the ICIP to use the ICIP in your entry or in any material used by you in the creation of your entry and to grant the rights contemplated under these Rules;

d. you warrant that to the best of your knowledge, your entry and any material used by you in the creation of your entry does not contain any secret or sacred knowledge and is culturally appropriate to be shared and made widely available to the public; and

e. BIFB will attribute the traditional owners or custodians according to the traditional custodians notice to be obtained by you from the traditional owners or custodians.

42. Where reasonably practicable, BIFB agrees to attribute you as the creator of your entry in all digital and print promotion and marketing that reproduces or communicates to the public your entry.

USE OF IMAGES, NAMES OR STYLES OF THIRD PARTIES IN YOUR DATA GATHERING OR INPUT PROCESS

43. If the data or input prompts used by you in the Generative AI Tools used to create your entry contain names and/or images of individuals, names of the work of other individuals, or references to the creative styles of other individuals, you warrant that you have obtained express consent from any and all such individuals to use such material in your entry and for all other purposes contemplated by these Rules.

44. This requirement of obtaining express consent will also apply if your entry features the likeness of specific individuals, recognisable elements of other images, or is of a style that might solely be attributed to a particular artist.

OTHER TERMS AND CONDITIONS

45. You warrant and represent that you have the power and capacity to enter into and to grant the rights contemplated under this Agreement.

46. You agree to be liable for and indemnify BIFB, its successors in title, licensees and authorised users against any action, damage, loss, liability, cost, charge, expense, outgoing or payment (including any legal costs, on a full indemnity basis) of any kind arising out of or in connection with any claim that:

a. the Intellectual Property Rights licensed to BIFB in item 38 above;

b. the performance of your obligations under these Rules;

c.  your entry or any material used by you in the creation of your entry;

d. your use of Generative AI Tools in the creation of your entry;

e. the attribution or non- attribution of your entry or any material used by you in the creation of your entry;

f.   infringes the Intellectual Property Rights or Moral Rights of any person.

47. You must, if requested by BIFB, provide BIFB, its successors in title, licensees, and authorised users, with all reasonable assistance in conducting the defence of a claim made by a third party against BIFB, its successors in title, licensees or authorised users referred to in item 46.

48. You acknowledge that these Rules may be changed and updated by us from time to time. Where a change is made to these Rules, we will publish the updated Rules on our website. You understand and agree that by submitting your entry, you consent to these Rules and any changes or updates to these Rules.

49. To the maximum extent permitted by law and except for the express written terms in these Rules, all other express or implied terms, conditions, warranties, statements, assurances, and representations made by BIFB in relation to the PPIAIP or these Rules are expressly excluded.

50. These Rules are governed by the laws of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

51. By entering the PPIAIP you agree to be bound by these Rules.

Last Updated: 5 October 2023