Terms & Conditions

The PhotoSpiva competition is open to any amateur or professional photographer in the United States or its territories. Work derived from any photographic process-traditional, digital, or photo-based mixed media-is eligible as long as the work is original and has never been exhibited at George A. Spiva Center for the Arts (“Spiva”). By entering, participants warrant that his or her entry materials are original, do not infringe on any third party’s rights, and that participant has obtained any necessary permissions from any third party. Spiva reserves the right to disqualify any entry if it finds in its sole discretion that any of the foregoing warranties are not true. Decisions of Spiva shall be final and binding.

Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of the PhotoSpiva competition and exhibit is a violation of criminal and civil laws, and should such an attempt be made, Spiva reserves the right to seek damages to the fullest extent permitted by law.

Spiva is not responsible for any incorrect or inaccurate information, whether caused by website users or by any equipment or programming associated with or utilized in the PhotoSpiva competition, or by any technical or human error that may occur in the processing of submissions to PhotoSpiva, including but not limited to any misprints or typographical errors. Spiva assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Spiva is not responsible for any problems or technical malfunction of any telephone network or lines, computer equipment, servers, providers, computer on-line systems, software, or failure of email on account of technical problems or traffic congestion on the Internet or at any website, including injury or damage to participant’s or to any other person’s computer related to or resulting from participating or uploading images or information for the PhotoSpiva competition.

All federal, state, and local taxes, fees and surcharges on awarded prizes are the sole responsibility of the winners. Winners may be required to execute and return an Affidavit of Eligibility/Release of Liability/Prize Acceptance Form. Return of any prize and/or prize notification as undeliverable or failure of any entrant to comply with any rules, terms, or conditions may result in disqualification.

If, for any reason, the PhotoSpiva competition or exhibition is not capable of completion as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Spiva that corrupt or affect the administration, security, fairness, integrity or proper conduct of the PhotoSpiva competition and exhibition, Spiva reserves the right at its sole discretion to cancel, terminate, modify or suspend the PhotoSpiva competition or exhibit.

By entering, participants release and hold harmless Spiva and its affiliates, directors, officers, employees, attorneys, agents and representatives from any and all liability for any injuries, loss, claim, action, demand or damage of any kind rising from or in connection with PhotoSpiva, or any prize won, any use of the entry materials by Spiva, the warranties participants make, participation in any Spiva-related activity, participation in the PhotoSpiva competition, or arising out of participant’s access to and use of Spiva’s websites or the downloading or uploading and/or printing of material from said sites. Spiva will exercise all due care in handling exhibition prints, but will not be responsible for loss or damage or replacement except for loss by theft or fire. Spiva shall not be held responsible for damage or loss during transit.

Participant agrees that any and all disputes that cannot be resolved with Spiva, and causes of action arising out of or connected with the PhotoSpiva competition or exhibition, shall be resolved individually, without resort to any form of class action, before a court of competent jurisdiction located in Jasper County, Missouri, which court shall apply the laws of the State of Missouri without regard for rules of conflicts of law.

Entering this competition shall constitute understanding and agreement on the part of the artist with all stated conditions. Spiva reserves the right to reproduce any entry for catalog or publicity purposes related to this exhibition or future exhibitions.

Photographers retain the copyright for all images submitted to PhotoSpiva.

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