Terms of Entry for Entrants:
1. Nyland Prize
1.1 Entrants will submit their artwork in accordance with these Terms of Entry (Work) and the 2024 Nyland Prize of $5,000 (Prize) will be awarded to one eligible entrant’s Work (Winner).
1.2 The winning Work and Prize Winner will be announced at the exhibition opening on Friday 6 September 2024 (Exhibition) at the Royal South Australian Society of Arts Inc. (RSASA) Gallery, located on the 1st floor of the Institute Building, corner of North Terrace and Kintore Avenue (Gallery).
1.3 Works selected (including the winning Work) will be available for sale during the Exhibition and online through the KAF Website.
2. Entrants
2.1 Each entrant may submit an unlimited number of entries. An entry fee is required for each Work.
2.2 To be eligible, entrants must be:
(a) Australian citizens;
(b) resident in Australia for twelve (12) months or more in the last eighteen (18) months immediately prior to the Entry Closing Date;
(c) currently residing in Australia; and
(d) over the age of eighteen (18) by the Entry Closing Date.
2.3 KAF reserves the right to request evidence from entrants to determine whether an entrant is eligible to enter the Prize competition and KAF’s decision on the eligibility of an entrant is final.
2.4 Board members, volunteers and employees of KAF and their families are ineligible to enter the Prize competition.
2.5 Each entrant represents and warrants that their Work is the entrant’s original Work produced solely by the entrant in accordance with clause 4 and the entrant possesses sole unencumbered title to the Work.
3. Entry Process
3.1 Entrants must complete the entry form (Entry Form) available from www.kennedyprize.com.au (Website).
3.2 Each completed Entry Form must be submitted to KAF before 5pm, Australian Central Standard Time, on the Entry Closing Date together with:
(a) payment of the non-refundable entry fee of $20.00 inclusive of GST (Entry Fee) per Work submitted; and
(b) one (1) digital image of the Work.
3.3 Entries received after the Entry Closing Date will not be considered for the Prize.
3.4 Entries will only be accepted through the Website.
3.5 The Entry Fee can only be paid online through KAF’s Entry Form using the PayPal service (or any other payment method available on the Website or agreed by KAF).
3.6 An entrant’s Entry Form will not be considered to be received and the entrant’s Work will not be considered for the Exhibition until payment of the Entry Fee is received by KAF.
3.7 Digital images of Works must be:
(a) in jpg format; and
(b) of a resolution of no less than 300ppi or 300dpi in photoshop; and
(c) using the image colour space sRGB; and
(d) of a file size not exceeding six (6) megabytes for each image; and
(e) named in the following naming convention: title of work.jpg (e.g. artworktitle.jpg or art-work-title.jpg).
3.8 KAF’s recommended resolution is 3600px on the longest edge.
3.9 High-resolution mobile phone images (determined in KAF’s discretion) will be accepted.
3.10 Finalists will be required to provide a raw image with no alterations to make sure they meet these Terms and Conditions and any guidelines.
4. Work
4.1 The Work must be an original photograph taken by a person and must comply with the following:
(a) at least 80% of the image must be captured by the entrant using traditional photography techniques;
(b) 20% of the image can be digitally manipulated, including the use of artificial intelligence;
(c) be completed within the twenty-four (24) months immediately prior to the Entry Closing Date;
(d) be accompanied by an artist’s statement of 350 characters (including spaces) or less; and
(e) be based on the theme of beauty.
4.2 Eligibility of entrants and their Works will be determined at KAF’s sole discretion and KAF’s decision shall be final.
5. Judging
5.1 KAF shall appoint a judging panel (Judging Panel).
5.2 The Judging Panel will view the digital images of each Work and select finalists (Finalists)Works will be included in the Exhibition (Selected Works).
5.3 The Judging Panel will then view the Selected Works in person before selecting the Prize-winning Work.
5.4 The decision of the Judging Panel is final. There will be no appeal from the Judging Panel’s decision.
5.5 KAF and the Judging Panel reserve the right to not award the Prize.
5.6 KAF and the Judging Panel reserve the right to exhibit, or not to exhibit, any Work at their absolute discretion.
5.7 In the case of a tie or the unlikely event where the Judging Panel’s deliberations are undetermined, an appointed member of KAF may exercise a casting vote.
5.8 In the absolute discretion of the members of KAF, KAF may choose any number of the Selected Works (but not including the Prize-winning Work) for inclusion in the Exhibition at the Gallery. Any such decision by KAF is final, and there will be no appeal from KAF’s decision.
6. Exhibition
6.1 Entrants’ Selected Works will be printed in A3 size for the Exhibition in the Gallery at the cost of the entrants at industry rates.
6.2 The Selected Works will be available for sale during the Exhibition and at the discretion of KAF, after the Exhibition through the KAF Website.
6.3 KAF reserves the right to exclude Works from being considered for the Prize if in the opinion of KAF the requirements set out in clause 4 are not or may not have been met.
6.4 Freight or any other charges incurred in the delivery and/or return of the Selected Works will be borne by the entrants.
6.5 The entrants will arrange for the delivery and collection of their Selected Works at their own cost and will bear the risk in relation to any loss or damage to the Selected Works.
6.6 Any Selected Work not collected by the entrant after twelve (12) months of the Exhibition closing will become the property of KAF, and KAF will be able to dispose of the Selected Work as KAF thinks fit, at KAF’s discretion and at the entrant’s cost.
7. Sale
7.1 Each entrant must agree on the Entry Form, that their Selected Work printed for display at the Exhibition, will be available for sale (at the price nominated by the entrant on the Entry Form), during the Exhibition and/or through the Website by KAF at KAF’s absolute discretion.
7.2 The winning Work will be available for sale, at the discretion of Kennedy Arts Foundation Pty Ltd (KAF), as a limited edition print through the KAF Website, and the Prize Winner will receive 20% of the net profit from the sale of such prints.
7.3 30% commission will be charged by KAF on all Selected Works sold during the Exhibition or through the Website by KAF.
7.4 KAF will have the first option to purchase any of the Selected Works at the price nominated by the entrant on their Entry Form.
7.5 Extra prints of the Selected Work will be made available for sale at the discretion of the entrant. This is to be indicated on the Entry Form.
8. Other Prize –
People’s Choice Award
8.1 All Selected Works (except the Prize-winning Work) are eligible to win the People’s Choice Award (PCA).
8.2 KAF reserves the right to exhibit, or not to exhibit, any Work at their absolute discretion whether through the Website or otherwise.
8.3 Voting for the PCA will be open to the public attending the Exhibition up to and including Thursday 19 September 2024.
8.4 Each individual may only have one (1) vote. KAF may disregard any vote or votes which it considers in its absolute discretion to be a duplicate vote.
8.5 The Selected Work with the most votes will win the PCA.
8.6 The PCA winner will be announced on Friday 20 September 2024 at 6 pm.
8.7 The result of the PCA is final with no review.
9. Intellectual Property and Licencing
9.1 Finalists and Foundation’s Choice artists irrevocably grant to KAF an irrevocable global non-exclusive perpetual licence, including all intellectual property, copyright and moral rights, to reproduce the Selected Works in print and electronic form for any purpose including for the promotion of the Prize and future Prizes for no fee.
9.2 The artists’ copyright and moral rights will be respected.
9.3 Copyright authorisation will be sought from the relevant entrant should KAF receive an external request (e.g. from an institution or a publisher) for reproduction of a Selected Work.
10. Liability, Release, Indemnity and Insurance
10.1 To the extent permitted by law, neither KAF nor the Gallery will be liable for any loss or damage to Works or any loss, damage, or injury suffered by any entrant.
10.2 Where KAF and/or the Gallery are found liable by a court having jurisdiction for any loss or damage to Works or any loss, damage, or injury suffered by any entrant, KAF and the Gallery will only be liable to the extent which they caused the loss or damage by the negligence, wilful misconduct, or unlawful conduct of KAF, the Gallery, and their respective officers, employees, contractors, and agents.
10.3 To the extent permitted by law, each entrant must indemnify and keep indemnified KAF and the Gallery and their officers, employees, contractors, and agents against any action, claim, liability, cost, expense, loss, or damage suffered or incurred by KAF or the Gallery (as the case may be) arising out of or in connection with an act or omission of the entrant.
10.4 To the extent permitted by law, each entrant must release KAF and the Gallery and their officers, employees, contractors, and agents from any action, claim, liability, injury, cost, expense, loss, or damage suffered or incurred by the entrant arising out of or in connection with an act or omission of KAF or the Gallery.
10.5 KAF and The Gallery are not responsible for the insurance cover of Works.
10.6 Each entrant is responsible for insurance cover of his or her Work.
10.7 These Terms of Entry are governed by the laws of South Australia and the parties submit to the non-exclusive jurisdiction of the courts of that state with respect to any proceedings that may be brought arising out of or in connection with these Terms of Entry.
11. Foundation’s Choice
11.1 Following the selection of Finalists by the judges, KAF members reserve the right to select any other submitted Work as their personal choice (Foundation Choice Works).
11.2 Foundation Choice Works will not be eligible for the Prize or PCA, however all other Terms and Conditions apply.
12. Hanger’s Choice Award
12.1 All Selected Works are eligible to win the Hanger’s Choice Award (HCA).
12.2 Voting for the HCA is by the Hanging Team.
12.3 Each individual may only have one (1) vote. KAF may disregard any vote or votes which it considers in its absolute discretion to be a duplicate vote.
12.4 In the event of a tie, the Head Hanger will cast an extra vote to decide the winner.
12.5 The Selected Work with the most votes will win the HCA.
12.6 The HCA winner will be announced after the Works are hung.
12.7 The result of the HCA is final with no review.