Terms and Conditions
No purchase necessary to enter. A valid email address is required. The successful commissioned artists must enter into a separate artist agreement with Whizz-Kidz and will be required to grant a licence in relation to all rights in the successful design that is submitted.
Definitions
1. In these Terms and Conditions:
- “you” means the person or business that makes the submission.
- “Whizz-Kidz” means The Movement for Non-Mobile Children (Whizz-Kidz) (company number 2444520), whose registered office is at 2nd Floor, 30 Park Street, London, SE1 9EQ and the charity of the same name with registered charity numbers 802872 (in England and Wales) and SC042607 (in Scotland) and WHIZZ-MOBILITY CIC (company number 04210138) whose registered office is at 2nd Floor, 30 Park Street, London SE1 9EQ.
- “Event” means the public art trail of Morph Sculptures titled ‘Morph’s Epic Art Adventure in London’ to take place in the summer of 2023 which will be hosted by Whizz-Kidz, Aardman and Wild in Art culminating in an auction of the Finished Morph Sculptures, and all related advertising, promotion and merchandising.
- “Event Sponsor” means a person or organisation sponsoring one or more Morph Sculptures.
- “Aardman” means Aardman Animations Limited (company number 02050843), whose registered office is at Gas Ferry Road, Bristol, BS1 6UN and who is the owner of the character “Morph” and all other characters that have appeared in or are associated with the animation feature entitled Morph’s Epic Adventures.
- “Wild in Art” means Wild in Art Limited (company number 06166501), whose registered office is at Unit 14 Bingswood Industrial Estate, Whaley Bridge, High Peak, England, SK23 7LY a consultant and curator of art trail events.
- “Base Morph Sculpture” means the three-dimensional Morph fibreglass sculptures that will be provided to the winning artists.
- “Finished Morph Sculpture” means the Base Morph Sculpture with the finished Artwork (as defined below) which will be used and auctioned at the Event.
- “Morph Sculpture” means either a Base Morph Sculpture or a Finished Morph Sculpture.
Eligibility
2. You may be either an amateur or a professional artist.
3. You must be aged 18 years or over and living in the United Kingdom.
4. By submitting one or more designs in accordance with these Terms and Conditions (the “Design(s)”) you agree:
a) to be bound by these Terms and Conditions (which may be amended or varied at any time by us, with updates published on www.morphsadventurelondon.com/artists);
b) to accept the decisions of Whizz-Kidz and/or the Event Sponsor; and
c) confirm that you are eligible to do so. Whizz-Kidz may require you to provide proof that you are eligible to make the submission.
Submission of Entries
5. You must submit the Design(s) through the online Artist Submission Form, here: www.morphsadventurelondon.com. There is no charge for submitting the Design(s).
6. You may upload a maximum of one file per submission. The file size limit for each Artist Submission Form is 1GB. The file types allowed are: PDF, JPG and/or PNG.
7. By entering the Design(s) for consideration to be used as part of the Event, you warrant that you have all required rights and consents to submit the Design(s) and (if your Designs are chosen to be commissioned) you allow Whizz-Kidz, Aardman and the Event Sponsor to use the Design in connection with the Event.
Deadline
8. The Design(s) must be received by Whizz-Kidz by 11:59pm on Tuesday 1st November 2022. No allowances will be made for Designs that arrive later than this deadline. Any Designs that are received after the deadline or otherwise in breach of these Terms and Conditions are automatically disqualified.
Designs
9. The Design(s) must represent an original piece of work that you have the ability to reproduce on a Base Morph Sculpture.
10. The Design(s) must not promote or refer to drugs, gambling, religious products and/or messages, political products and/or messages, lewd sexual behaviour, weapons, tobacco, or alcoholic beverages. The Design(s) must not contain any derogatory or disparaging references to the animated feature Morph’s Epic Adventures or Aardman.
11. Any additions or modifications to the Base Morph Sculpture must be sufficiently strong to maintain the structural integrity of the sculpture and must not cause injury.
12. You must be the sole author and owner of all intellectual property rights of the Design(s), or if the Design(s) are not your own in full, you must have an exclusive licence, with the right to sub-license, in writing from the owner(s) of all intellectual property rights in the Design(s) and disclose this in your submission. Source material or proof of permission of another person’s work and intellectual property rights must be made available on request by the Whizz-Kidz, Aardman and/or the Event Sponsor.
13. Whizz-Kidz does not accept any liability in relation to use, publication, exploitation, reproduction, public performance, copy, distribution, adaptation, display, preparing derivative works and communication to the public of the Design(s).
14. You shall indemnify Whizz-Kidz, Wild in Art, the Event Sponsor and Aardman and their affiliates against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by them or their affiliates arising out of or in connection with any claim by any third party relating to the intellectual property rights in the Design(s).
Personal Information
15. If successful, Whizz-Kidz will keep your personal information for the duration of the Event and in line with our retention policy. Whizz-Kidz has implemented appropriate security measures to keep your personal information safe. See our privacy policy for further details: www.whizz-kidz.org.uk/privacy. The personal information we process as part of these Terms and Conditions includes your contact details (name, address, contact number, email address), online identifiers (social media handles, website) and submission details (artist name, title, description of artwork and your statement).
16. Your personal information (as provided in your Design submission) will be shared by Whizz-Kidz with Wild in Art and the Event Sponsors and used for the purposes of administering and evaluating the Event. Wild in Art processes personal information in accordance with its privacy policy set out on its website here: https://www.wildinart.co.uk/terms-and-conditions/privacy-policy/. Whizz-Kidz is not responsible for the data protection practices of Wild in Art or the Event Sponsors.
17. For the performance of contracts relating to the Event, the contact details you provide to Whizz-Kidz in your Design submission will also be shared with Wild in Art, who will add you to its database and process your personal information in accordance with its privacy policy set out on its website referred to above.
18. Whizz-Kidz may also use third party organisations to help deliver services (such as sending emails) on its behalf. Whizz-Kidz has agreed contracts required by data protection law with such third parties. Whizz-Kidz does not rent, swap or sell your personal information to other organisations for them to use in their own marketing activities.
19. If the Design(s) are commissioned to be used for the Event then you agree that your full name, social media handles and photograph will be published and used for promotional purposes in relation to the Event, including but not limited to on the Event art trail, on the Event website, on the Event app, social media and in local and national media. See also terms 25 and 26 below, regarding the announcement of the artists.
Commissioning of Designs
20. The Design(s) will be reviewed by Whizz-Kidz, Wild in Art and Aardman who will choose the Design(s) that will be submitted to the second stage of selection. At the second stage, the shortlisted designs will be presented to the Event Sponsors for the final selection.
21. Between fifty (50) and seventy (70) Designs will then be commissioned following selection by the Event Sponsors. The Event Sponsors’ decisions on all matters relating to the Design(s) to be commissioned are final. No further correspondence will be entered into. The commission is not negotiable or transferable.
22. Whizz-Kidz will contact the successful commissioned artists personally as soon as practicable after the Announcement Date (as defined below), using the contact details provided in the Artist Submission Form.
23. Whizz-Kidz will publish the surname and other details of the artists at Morph’s Epic Art Adventure website on 29th November 2022 (“Announcement Date”).
24. If you object to your details being published or made available, please contact Whizz-Kidz at morph@whizz-kidz.org.uk. Even in such circumstances, you should note that Whizz-Kidz must still provide information regarding the artists to the Advertising Standards Authority on request.
25. The artists will be required to enter into a separate standard form contract with Whizz-Kidz, setting out the full terms and conditions of the engagement (the “Artist Agreement”).
26. Whizz-Kidz will award the artists production of the Design(s) on Base Morph Sculptures in accordance with the Artist Agreement for a fee of £1,000 per Finished Morph Sculpture. The fee will be paid on completion of the artist’s reproduction of the Design on the Base Morph Sculpture (“Artwork”) to create the Finished Morph Sculpture and acceptance of it by Whizz-Kidz and Aardman.
27. If the successful artist does not enter into the Artist Agreement with Whizz-Kidz by 16 December 2022 they will be withdrawn from this process and Whizz-Kidz reserves the right to offer the commission to another eligible entrant selected from the submitted Designs that were received before the closing date referred to in term 10
28. Whizz-Kidz further reserves the right to offer the commission to another eligible entrant in the event that:
a) an artist cannot be contacted or is not available (after making two (2) attempts to contact the artist over two (2) days), or
b) an artist is in breach of these Terms and Conditions in the reasonable opinion of Whizz-Kidz.
Production
29. For each of the artists, Whizz-Kidz will provide one Base Morph Sculpture, at no charge to the artist, to recreate their Design on the Base Morph Sculpture. No other use of the Morph Sculpture is permitted.
30. The cost of materials to be used to recreate the artist’s Design on the Base Morph Sculpture is the artist’s responsibility with the exception of varnish, which will be provided by Whizz-Kidz at no charge.
31. The project will not be able to provide a centralised painting space, so artists need to make arrangements to complete their commissions in personal studios or work places. Whizz-Kidz will look to subsidise delivery costs for collection and return, up to the value : (i) £25 per journey of 25 miles or less; and (ii) up to £50 per journey more than 25 miles, any additional costs will need to be contributed to by the artist from their fee. Whizz-Kidz will work with all artists to make sure any costs are kept to a minimum and ensure sculptures are moved securely.
32. Artists will be required to provide a list of materials that will be applied to the Base Morph Sculpture, to include the type of material, brand and colour.
33. The Morph Sculptures remain the property of Whizz-Kidz and the Event Sponsors at all times in respect of the Finished Morph Sculptures held by them and must be returned to Whizz-Kidz in good condition, suitable for public display.
34. The Event shall be of high quality and Whizz-Kidz reserves the right to withhold any sum payable to an artist if in its sole opinion the quality of the Artwork and the Finished Morph Sculpture falls below that which can be reasonably expected for public display at the Event and/or is materially different from the Design the artist submitted.
35. If a Morph Sculpture is returned unfinished or deemed irreparable due to damage while in an artist’s possession, the artist shall be charged the full replacement cost of the Morph Sculpture.
Art Trail and Auction
36. The intention is for the Finished Morph Sculptures to be displayed as part of the Event. However, the timing of the art trail may be subject to change or delay, including in relation to COVID-19.
37. Following the end of the public art trail, the Finished Morph Sculptures will be auctioned to raise money for the charity Whizz-Kidz. Some Sponsors may be allowed at the sole discretion of Whizz-Kidz to keep one of the Finished Morph Sculptures that was sponsored by them and such Finished Morph Sculptures will not be auctioned.
Copyright and Licensing
38. Aardman owns all intellectual property rights in relation to Morph, including in the Base Morph Sculptures.
39. Copyright and all other intellectual property rights in the Design(s) belong to and remain with you.
40. If you are a successful artist, you agree to:
a) grant to each of Whizz-Kidz, Wild in Art, the Event Sponsor and Aardman an exclusive irrevocable fully paid royalty free licence (with the right to sub-license) to use, exploit, reproduce, publicly perform, copy, distribute, adapt, display, prepare derivative works, publish and communicate to the public the Design(s) and the Artwork in perpetuity in connection with the Event and thereafter for promotional purposes;
b) waive to the fullest extent permitted by applicable law all moral rights to the Artwork except to receive credit as the author of the Artwork and agree that Aardman shall have the unfettered right to modify, crop or alter the Finished Morph Sculpture (or any part of them) in any way that they think fit including combining the Artwork with other content, images, text and graphics, and you shall not assert any moral rights against Whizz-Kidz, Wild in Art, the Event Sponsor and Aardman and/or their affiliates worldwide, except to receive credit as the author of the Design(s) and Artwork.
41. You consent to the use of your Design(s) and the Artwork (including photographs of the Artwork), your name and photograph in promotional materials by Whizz-Kidz, Wild in Art, the Event Sponsor and Aardman, without any further compensation or further consent.
General
42. Whizz-Kidz reserves the right to hold void, suspend, cancel, or amend this artist call-out where it becomes necessary to do so.
43. Whizz-Kidz accepts no responsibility for any incorrect or inaccurate information, for any error, omission, interruption, deletion, defect, delay in operation or transmission, line failure, theft or destruction or unauthorised access to Design submissions, for Design submissions lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control (to the fullest extent permitted by law).
44. These Terms and Conditions shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.