Innovating Through Artistry

ETA Contest Rules

OFFICIAL RULES
 For The Entrepreneurial Artist Competition:
NO PURCHASE NECESSARY TO ENTER OR WIN

You must have access to the Internet and sign up for a free subscription to the Entrepreneur The Arts blog in order to enter. You can sign up at: blog.EntrepreneurTheArts.com

1. DESCRIPTION OF THE CONTEST: The Entrepreneurial Artist Contest (the “Contest”) is designed to (1) encourage and inspire artists to develop an entrepreneurial path, (2) help develop the entrepreneurial skills of artists, and (3) provide an opportunity for an artist to promote his or her artistry, artistic ventures, products or services.

The judges will choose the winning entries in accordance with these Official Rules and prizes will be awarded to eligible winning Participants.

2. SPONSORS: The Contest is sponsored by Entrepreneur The Arts, 853 N Quentin Rd Palatine, IL 60067, USA, and Heartbeat of America, 22761 Pacific Coast Hyw Suite 104 Malibu, CA 90265, USA.

3. BINDING AGREEMENT: In order to enter the Contest, you must agree to these Official Rules (“Rules”). Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an Entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and Entrepreneur The Arts and Heartbeat of America with respect to the Contest.

4. ELIGIBILITY: The Contest is open to individual artists who are sixteen (16) years of age or older on November 01, 2008. The Contest is not open to residents of Cuba, Iran, Syria, North Korea, Sudan, Myanmar (Burma), or to other individuals restricted by U.S. export controls and sanctions, and is void in any other nation, state, or province where prohibited or restricted by U.S. or local law. Employees, interns, contractors, and official office-holders of Entrepreneur The Arts and Heartbeat of America and members of their immediate families are ineligible to participate in the Contest.

You must have access to the Internet and sign up for a free subscription to the Entrepreneur The Arts blog in order to enter. You can sign up at: blog.EntrepreneurTheArts.com

5. SUBMISSION OF ENTRIES: In order to submit an Entry to the Contest, you must write up to a 1000 word essay, or produce a 1000 word podcast, about your artistic work, future career goals and entrepreneurial venture potential or current creation. This essay or podcast may reflect your aspirations, struggles, triumphs and challenges. You may submit your Entry by uploading your original work as an attachment to an email sent to Contest@EntrepreneurTheArts.com. Only one entry per contest period for each individual is allowed. If submitting a written entry please include in the email your name, address, city, state, zip code, phone number and a current photo that will appear with your Entry on the blog.

All Entries must be in English. Entries in any other language will not be considered. Entries that are lewd, obscene, pornographic or otherwise inappropriate to the Contest will be disqualified at Entrepreneur The Arts and Heartbeat of America’s sole discretion.

6. PRIZES FOR COMPLETED ENTRIES: Each Participant submitting at least one (1) Completed Entry will receive a tee shirt with an approximate value of 14.00 USD (U.S. dollars) and a one month free membership to Fractured Atlas with an approximate value of 7.00 USD (U.S. dollars). Participants may submit one entry per person. No prizes in excess of this limit will be awarded unless one of a Participant’s Entries is a Grand Prize Entry, in which case the provisions in Section 7 will apply.

7. PRIZES FOR GRAND PRIZE WINNERS: Each eligible Participant judged to be the best overall entrant (“Grand Prize Winners”) will receive one round-trip coach air transportation for himself/herself from any major airport location inside the United States, hotel accommodations for two people for two nights in California, and a meal allowance of $75 USD for the Grand Prize winner per day. Each Grand Prize Winner will receive an appearance on the Heartbeat of America show, aired on national television through the American Lifetime Network, hosted by William Shatner, as well as a 10 minute video segment of their appearance, assembled and edited by Heartbeat of America, for their use to promote their work and services at no cost to the winner. (Prize valued at 16,075.00 USD) Additionally each Grand Price Winner will also receive twenty-four (24) one hour coaching sessions provided by Lisa Canning ( prize valued at 4800.00 USD), as well as an eleven month membership to Fractured Atlas ( prize valued at 75.00 USD), a copy of Jonathan Talbot’s book The Artist’s Marketing and Action Plan Workbook ( prize valued at 20.00 USD, The Resource Girl’s Survival Guide for NYC( Prize valued at 20.00 USD and a copy of Susan Joy Sager’s Creative Careers in Crafts (prize valued at 20.00 USD), as well as the prizes outlined in Section 6. Hotel accommodations will be arranged at a hotel of Entrepreneur The Arts and Heartbeat of America’s choice. Certain black out dates apply. All other expenses not specified herein are the responsibility of the Grand Prize Winners.

8. CONTEST PERIOD: The contest period is divided into two contests. The 1st Contest begins at 12:00:00 A.M. Central Time (CT) Zone in the United States on November 1st, 2008 and ends at 11:59:59 P.M. CT on February 28, 2009 (“ 1st Contest Period”). The 2nd Contest begins at 12:00:00 A.M. Central Time (CT) Zone in the United States on March 1st, 2009 and ends at 11:59:59 P.M. CT on August 31st, 2009, 2009 (“ 2sd Contest Period”). One winner will be selected from each contest period. You are responsible for determining the corresponding time zone in your respective locations.

9. JUDGING: Each Entry will be judged by members from Entrepreneur The Arts and Heartbeat of America respectively. Each Entry determined by the judges to be a successful completion of the stated objective (i.e., meeting all stated requirements) will be deemed a Completed Entry and as such will be posted on the Entrepreneur The Arts blog for reader viewing. Entries will be posted in the order they are approved and received as valid entries. If a Participant wishes to challenge the determination as to whether or not an Entry should qualify as a Completed Entry, he/she must do so through the email link provided on the Main Contest Page. In this event, Entrepreneur The Arts and Heartbeat of America will reexamine the relevant Entry and make a final determination, in its sole discretion, as to whether the Entry should be classified as a Completed Entry. The decision of Entrepreneur The Arts and Heartbeat of America in this matter is final and binding.

Entrepreneur The Arts and Heartbeat of America will judge each Entry according to the following equally weighted factors: (1) Creativity, (2) Thoroughness, (3) Quality of Work, (4) Entrepreneurial potential and (5) Readership reaction. Each of these factors will determine the Participant with the highest overall score who will become the Grand Prize Winner. In the event of a tie, the Participant among the tied Participants with the highest score in Entrepreneurial Potential will be declared the Grand Prize Winner. In the event a potential Grand Prize Winner is disqualified for any reason, the eligible Participant with the next highest total score in the pool of Participants who have submitted completed Entries will be chosen as the Grand Prize Winner. In the event that no Completed Entries are received, no prize will be awarded. Determinations of judges are final and binding. Winners will be notified by email. The list of participants, including the Grand Prize winners will be posted on the Entrepreneur The Arts Blog.

10. TAXES: POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO ENTREPRENEUR THE ARTS ALL DOCUMENTATION REQUESTED BY ENTREPRENEUR THE ARTS TO PERMIT IT TO COMPLY WITH ALL APPLICABLE US, STATE, LOCAL AND FOREIGN (INCLUDING PROVINCIAL) TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS.

11. GENERAL CONDITIONS: Entrepreneur The Arts and Heartbeat of America reserves the right to substitute an alternate prize of equal or greater value in the event all or part of a prize set forth above becomes unavailable. Prizes are awarded without warranty of any kind from Entrepreneur The Arts and Heartbeat of America, express or implied, without limitation, except where this would be contrary to federal, state, provincial, or local laws or regulations. All federal, state, provincial and local laws and regulations apply. Submission of an Entry in this Contest constitutes agreement by the Participant to the terms and conditions of these Rules. Any potential winner who cannot be contacted by email within 15 days of attempted first notification will forfeit his/her prize.

12. INTELLECTUAL PROPERTY RIGHTS: As between Entrepreneur The Arts and Heartbeat of America on the one hand and Participant on the other hand, the Participant retains ownership of all intellectual property rights (including moral rights) in and to the Entry that Participant had before submitting the Entry. As a condition of entry, Participant grants Entrepreneur The Arts and Heartbeat of America a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, publish, distribute, and publicly display any Entry that Participant submits to this Contest for readership viewing, promotional and advertising purposes.

13. PRIVACY: Participants agree that personal data including, but not limited to, name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used for the purposes of conducting and administering the Contest. This data may be transferred into the United States. Further, this data may also be used by Entrepreneur The Arts and Heartbeat of America to verify a Participant’s identity, postal address and telephone number in the event a Participant qualifies for any applicable prize as well as to deliver the applicable prize(s). If a Participant does not provide the required data when requested, that Participant’s Entries will be ineligible for any prizes. By accepting a prize, Participant agrees to Entrepreneur The Arts and Heartbeat of America use of Participant’s name and/or likeness and Entry for advertising and promotional purposes without additional compensation, unless prohibited by law.

14. WARRANTY AND INDEMNITY: Participants warrant that their Entries are original and that they are the sole and exclusive owner and rights holder of the submitted Entries and that they have the right to submit the Entries in the Contest. Each Participant agrees not to submit any Entry that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligations; or (2) otherwise violates applicable U.S. law or the law of the Participant’s country of residence.

To the maximum extent permitted by law, each Participant indemnifies and agrees to keep indemnified Entrepreneur The Arts and Heartbeat of America at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Participant agrees to defend, indemnify and hold harmless Entrepreneur The Arts and Heartbeat of America, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material uploaded or otherwise provided by the Participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the Participant in connection with the Contest.

15. ELIMINATION: Any false information provided within the context of the Contest by any Participant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Official Rules or the like may result in the immediate elimination of the Participant from the Contest.

16. INTERNET: Entrepreneur The Arts and Heartbeat of America are not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Entrepreneur The Arts and Heartbeat of America reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest.

17. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of an Entry into the Contest, the awarding of a prize, or anything in these Official Rules be construed as an offer or contract of employment with either Entrepreneur The Arts or Heartbeat of America.

18. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Official Rules shall be governed by, subject to, and construed in accordance with the laws of the State of Illinois, United States of America, excluding all conflict of law rules.

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