LEGAL TERMS AND CONDITIONS OF THE AI-GENERATED IMAGE CONTEST "OPENPROMPTERS CONTEST 2024"
1. ORGANIZER AND PURPOSE OF THE CONTEST: The promoter and organizer of the AI-generated image contest "OpenPrompters Contest 2024" (hereinafter referred to as the "Contest") is the administrator of the Instagram account @openprompters.
In order to reward the creative work underlying each AI-generated image prompt in 2024, OpenPrompters intends to hold a Contest that will be conducted in accordance with the following terms and conditions.
2. CONTEST DESCRIPTION: "OpenPrompters Contest 2024" is a contest aimed at recognizing the most creative and innovative "Prompters" in the field of AI-generated images on an international level. It seeks to promote the use of new image generation technologies. This Contest celebrates the human creativity that drives each AI-generated image, focusing on the prompts that unleash imagination and artistic skill. By merging generative artificial intelligence with human expression, this Contest challenges designers, students, and professionals to bring extraordinary ideas to life. Participants will create their images using generative AI applications and, upon registering for the Contest, must include the prompt used alongside the generated image. The jury will evaluate the submissions by examining both the generated image and the prompt used to achieve it, focusing on the prompt as the most human element behind the entire process.
3. THEME: The theme is completely open, but remember that the jury will evaluate the "prompt" above the generated image.So we recommend you look for a creative theme for your prompt.
4. PARTICIPATION CONDITIONS: The Contest will have a registration fee of €5 per submitted work. There are no participation limits; Contestants may submit as many proposals as they wish, but each must be submitted independently via the registration form, covering the registration fee for each submitted proposal.
- International Eligibility: The Contest is open to all enthusiasts of generative AI from any country and background, whether they are amateurs or professionals. Employees and direct relatives (up to the second degree of consanguinity) of OpenPrompters are expressly excluded.
- All participants must be individuals over 18 years of age.
- Participants must create their works using a generative AI platform (DALL·E, Midjourney, Stable Diffusion, LeonardoAI, or similar) by registering for the Contest through the website www.openprompters.com.
- The submitted works must be in JPG or PNG format. The minimum resolution must be 1024x1024 pixels, maintaining a square format.
- Works must be original. Plagiarized creations or those infringing on intellectual property rights will not be accepted.
Participation implies full and absolute acceptance of these terms and conditions.
5. DATES AND DURATION: The submission period for the Contest will run from 07/01/2024 to 10/28/2024 (UTC +1). Images received after the deadline (10/28/2024) will not be considered. After the submission period, the jury will deliberate until December 16, when the winners of the Contest will be announced.
6. JURY: A panel of judges selected by OpenPrompters will evaluate the images based on the perfect symbiosis between human creativity and the visual quality generated by AI. Therefore, the jury will evaluate the generated image but will prioritize the prompt used. The jury will evaluate all proposals without knowing the identity of the authors, which will be revealed once the winners are determined. If the number of participants is high, the organization, along with a jury composed of design sector professionals, will collaborate with the main jury to review all the submitted proposals. The final decision on the winners will be made by the main jury . The jury's decisions are final.
The members of the main jury are published on the web “www.openprompters.com”
7. PRIZES: Prizes will be awarded to the selected images, including €1500 for the first place, €750 for the second place, €250 for the third place, and 10 honorable mentions with prizes of €50 for each honorable mention. Winners will be notified by email and through OpenPrompters' social media channels.
The method of payment for the prizes will be through bank transfer. All prizes will be awarded in euros (€). Once the winners are determined, they will be contacted, and the corresponding prize will be transferred to their bank account. The organization is not responsible for any currency conversion fees applied by the winners' banks.
8. WINNERS ANNOUNCEMENT: Once the winners' identities are known , the organization will contact them by email and publish the names of the winners on OpenPrompters' social media channels. By accepting these terms and conditions, participants consent to OpenPrompters publishing their name (or Instagram identity) on OpenPrompters' social media channels. This publication will be announced on 12/16/2024 (UTC +1), and each winner will be individually contacted via email. If one of the winners does not respond or provide the necessary information to make the payment within 10 calendar days, they will remain the winner of the contest but will lose the right to receive the assigned prizes
9. COPYRIGHT: Participants retain the copyright of their AI-generated images. By entering the Contest, the participant grants OpenPrompters the non-exclusive and free right to use, reproduce, and display the image and prompt for promotional, advertising purposes of the Contest, and for future publications both on social media and in print.
10. PERSONAL DATA PROCESSING: The information provided by participants will be included in a file owned by OpenPrompters. This information will be processed in accordance with the current legislation on personal data protection. Personal data related to this Contest will be processed under the responsibility of OpenPrompters in compliance with Regulation (UE) 2016/679 of the European Parliament and Council regarding the protection of individuals with respect to the processing of personal data by EU institutions, bodies, offices, and agencies, and the free movement of such data.
The collection and processing of personal data have the following purposes:
- Manage the Contest proposed in these terms and conditions.
- Deliver and accept the prize by the winning participants.
- Communicate future Contests and projects organized by OpenPrompters.
11. OFFICIAL LANGUAGE: Due to the international nature of the Contest, the official language for communications will be ENGLISH.
12. LIABILITY: OpenPrompters will not be responsible for any losses, damages, or claims related to participation in the Contest or the use of the prizes.
13. RESERVATIONS AND LIMITATIONS: OpenPrompters reserves the unilateral right to reject the registration of those whose data is incomplete or who do not meet the requirements to participate in the Contest. OpenPrompters reserves the right to suspend or modify the Contest at any time, as well as to amend these terms and conditions during its course, when justified or due to force majeure that prevents it from being carried out as described . The suspension, modification, or amendment of the Contest will be communicated via a notice on the Instagram profile @openprompters within the following 24 hours since the suspension, modification or amendment has been made. These suspensions, modifications, or amendments will not give rise to any claims by current or potential participants. The legal terms of the contest can be accessed at any time through the website: www.openprompters.com
-Force Majeure Clause: OpenPrompters reserves the right to postpone or cancel the "OpenPrompters Contest 2024" for AI-generated images in the event of force majeure circumstances that make it impossible or impractical to carry out the contest. Force majeure shall include, but not be limited to, the following circumstances:
1. Natural Disasters: Earthquakes, floods, hurricanes, wildfires, or other large-scale natural phenomena.
2. War or Civil Conflicts: War, invasion, acts of foreign enemies, hostilities (with or without a declaration of war), civil war, rebellion, revolution, insurrection, military takeover, or usurpation of power.
3. Health Emergencies: Epidemics, pandemics, outbreaks of infectious diseases, or any other public health emergency declared by competent authorities.
4. Government Actions: Orders, restrictions, regulations, laws, or any governmental action that prevents the contest from taking place.
5. Public Service Interruptions: Widespread power outages, failures in communication infrastructure, interruptions in water supply, or any other interruption of essential public services.
6. Acts of Terrorism: Acts of terrorism that endanger the safety of participants, organizers, or the general public.
7. Strikes or Labor Disputes: Strikes, lockouts, or other labor disputes that significantly affect the logistics and organization of the contest.
8. Technical Failures: Failures in the technological systems or digital platforms essential for the contest that cannot be resolved in a reasonable timeframe.
9. Other Uncontrollable Events: Any other circumstances beyond the reasonable control of OpenPrompters that prevent the contest from being held as planned.
In the event that any of the aforementioned circumstances occur, OpenPrompters will inform the participants as soon as possible about the postponement or cancellation of the contest and the measures that will be taken accordingly.
14. DISCLAIMER OF RESPONSIBILITIES: OpenPrompters is exempt from any liability in the event of an error in the data provided by the prize-winning participant that prevents their identification or satisfaction.
15. ASSIGNMENT OF IMAGE AND/OR INTELLECTUAL PROPERTY RIGHTS: Winners agree that their name, AI-generated image, and prompt will be published on the organization's profiles and other websites to announce the Contest winners. All participants authorize OpenPrompters to reproduce, use, and disseminate their name, generated image, and prompt used in the Contest in any advertising and/or promotional activity related to this Contest, in any medium, without such activities conferring any right to remuneration or benefit other than the awarding of the prizes won in this Contest in accordance with these terms and conditions.
Once the jury's deliberation and consequently the Contest winners are made public, the OpenPrompters team will contact the winners through the provided email address to formally notify them of the award (hereinafter, the "Winner Notification"). In this regard, OpenPrompters reserves the right to request that the winner provide all reasonably necessary personal data to fulfill the prize delivery (which will be made by bank transfer). The accuracy of all data provided by the participant is a prerequisite for accessing the prizes awarded to the Contest winners. OpenPrompters is not responsible for the correct fulfillment of the prize if the provided data is incorrect or incomplete. Any changes in the participant's data must be notified to OpenPrompters as soon as possible to enable the correct fulfillment of the prize. If 10 calendar days have passed since OpenPrompters first notified the winner of any of the prizes without obtaining any response from the winner, or if the winner refuses to provide any of the requested personal data (as specified in the previous paragraph), the winner will lose their right to the prize. The refusal of the winner to provide these personal data, if it objectively prevents the prize from being made available to the winner, will result in the loss of the winner's right to the prize, with the following consequences:Their work will remain the winning entry, but they will lose the right to receive the monetary prize.In this case, the monetary amount of the prize will remain with the OpenPrompters organization for future edition prizes. Likewise, the winner who does not meet the eligibility requirements stipulated in the Contest terms and conditions will not be entitled to receive the prize.
16. TAX OBLIGATIONS: WINNERS' TAX RESPONSIBILITY.
-Tax Payment: Winners of monetary prizes in this Contest are responsible for paying all taxes, fees, and contributions that may arise from receiving the prize, in accordance with the applicable tax regulations in their country of residence.
-Tax Advice: Winners are advised to consult with a tax advisor or professional to ensure compliance with all applicable tax obligations.
-Documentation and Procedures: Winners must provide all the information and documentation required by their country's tax authorities for the proper declaration and payment of the applicable taxes. This includes, but is not limited to, filing tax forms, proof of prize receipt, and any other necessary documentation under local legislation.
-Responsability of Obligations: It is the winner's responsibility to inform themselves about the tax regulations applicable in their country. OpenPrompters is not responsible for the correct declaration and payment of taxes corresponding to the prize.
-Withholdings and Declarations: If the winner's country of residence requires the Contest organization to withhold taxes on the prize, the organization will comply with this obligation and deliver the net amount after tax deductions. In such cases, the organization will provide the winner with the necessary tax withholding certificates.
-Exemption of Liability: The Contest organization will not be responsible for any penalties, interest, or additional charges imposed by the competent tax authority due to the winner's failure to comply with tax obligations.
17. CLAIMS: For any claim or inquiry related to this Contest, you can contact the following email address: info@openprompters.com.
18. COMPLIANCE: Contestants hereby declare and warrant:
- That contestants are not controlled, related, located, organized by any entity, person, country or territory that is subject to any general sanctions of an international character applied by the appropriate sanctions authorities, including designation on the OFAC List of Specially Designated Nationals and Blocked Persons list, the OFAC Foreign Sanctions Evaders List, sanctions imposed by the European Union or other similar applicable legislation or regulations (hereinafter “Sanctions”).
- That contestants do not purchase, obtain, acquire, invest, procure, sell, trade, deal, dispose, exchange or engage in any activity, directly or indirectly in or involving any country or territory subject to Sanctions.
- That contestants do not participate in or will not engage in transactions involving financial resources, assets, property, capital or securities derived, originated, held or held by any entity or person subject to Sanctions.
OpenPrompters reserves the right to immediately exclude any contestant from the Contest upon written notice if, in OpenPrompter's reasonable judgment and supported by credible evidence, the contestant is found to be in breach of any of the foregoing warranties and representations under this Sanctions clause.
19. GENERAL CONDITIONS: Participation in the Contest implies acceptance of these terms and conditions. Failure to accept these terms and conditions will result in exclusion from the Contest. If any clause or part of a clause in these terms and conditions is or becomes null, illegal, or unenforceable, that clause or part of a clause will be deemed not to be included in the terms and conditions without affecting the validity, legality, or enforceability of the remaining terms and conditions. In case of breach of any of these terms and conditions, the participant will be automatically disqualified from the Contest.
20. APPLICABLE LAWS: The validity, construction, interpretation and effect of this Contest and its terms and conditions shall be governed by and construed in accordance with the laws of Spain. Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contest or its formation, shall be governed by, and construed in accordance with, the laws of Spain. Each Party irrevocably agrees that the Courts of Spain, specifically, the Court of OpenPrompters’ domicile shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contest or its formation.
By participating in this Contest, participants agree to comply with these legal terms and conditions.
Date: 06/26/2024
OpenPrompters