Michaels 2016 “Art Challenge” Contest

Official Contest Rules

NO PURCHASE NECESSARY TO ENTER OR WIN.
VOID WHERE PROHIBITED.

CONTEST BEGINS: May 31, 2016
DEADLINE FOR ENTRIES: June 19, 2016

Who May Enter:

  • Residents of the continental United States (including Alaska and the District of Columbia but excluding Hawaii) who are 18 years or older and Canada (excluding Quebec residents) who are of the age of majority in their respective province or territory of residence.
  • Employees of Sponsor, Michaels Stores, Inc. (“Michaels”), and their affiliates, agents and members of their immediate families are not eligible to enter.

Requirements for Entry:

  • In the United States, visit michaels.com/artchallenge, or in Canada visit canada.michaels.com/artchallenge (collectively the “website”) and complete the online entry form, which includes your email address and the title of your artwork, and upload a jpg, jpeg, or png file of no more than 30MB and at least 300 dpi depicting your artwork (collectively, an “Entry”)
  • To enter, submit an original artwork.
  • Your artwork must be either in oil or acrylic paint on canvas, or watercolor on watercolor paper, or fine art markers or acrylic paint markers on paper or canvas.
  • The Entry may be a pre-existing artwork that has not been submitted for another contest or a work created specifically for this contest. The Entry should be no larger than 48” x 60” and no smaller than 8” x 10”.
  • One entry per person. Multiple entries using different email addresses for a single individual will be disqualified. In the event of a dispute over the identity of an online entrant, Entry will be deemed submitted by the authorized account holder of the email address submitted at time of Entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
  • Entries will be accepted beginning May 31, 2016 at 12:00:00 am EST. All entries must be received by Sponsor by June 19, 2016 at 11:59:59 pm EST. Entries that include any of the following will be rejected in Sponsor’s sole discretion:
    • Provocative, lewd or sexual content;
    • Offensive or vulgar language;
    • Trademarks, logos, or
    • Other intellectual property not owned by Entrant
    We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any entry in the Contest infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail): A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works; Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the entry; Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address; A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our designated Copyright Agent to receive notifications of infringement claims is: Legal Dept./Copyright Claims, Michaels Stores, Inc., 8000 Bent Branch Drive, Irving, Texas 75063, Telephone: (972) 409-1300.

Determination of the Winner:

  • A panel of five (5) art experts selected by Sponsor, including its artist in residence will choose ten (10) semi-finalists based on the following criteria:
    • Overall creativity (25%),
    • Technique (25%),
    • Subject (25%), and
    • Individuality (25%).
  • Semi-finalists will be announced on July 5, 2016, following which the works of the semi-finalists will be visible at michaels.com (the “Site”) for public voting based on overall appeal, originality and creativity.
  • One (1) Grand Prize winner, one (1) Second Prize Winner, one (1) Third Prize Winner and one (1) Fourth Prize Winner will be selected by public voting via the Site. The highest vote recipient will be named the provisional Grand Prize winner, and the next three highest vote recipients will be named provisional First through Fourth Prize Winners, respectively, according to voting as set forth below.
  • Voting will open on July 5, 2016 at 12:00:00 am EST and close on July 19, 2016 at 11:59:59 pm EST (the “Voting Period”).
  • Each Site visitor is limited to one (1) vote per day during the Voting Period. A “day” is defined as the period of time between 12:00:00 am EST and 11:59:59 pm EST.
  • Any use of robotic, macro, automatic, programmed or like voting methods will void all such votes and Sponsor reserves the right to nullify any and all such votes and to disqualify from voting the responsible individual. Any attempt by a Semi-finalist and/or his/her family/friends to vote more than the number of times authorized herein using multiple names, email addresses, phone numbers and/or any other fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify the Semi-finalist in its sole discretion. Any attempt by any voter to submit more than one vote per day by using multiple/different email addresses, identities or any other method will void that voter’s vote. Semi-finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, but not limited to, offering prizes or other inducements to members of public, paying a third-party service to vote for or obtain votes for the Semi-finalist’s Entry, or collaborating with other individuals or groups to trade votes, as determined by Sponsor, in its sole discretion, and Sponsor reserves the right to nullify any and all such votes and to disqualify from Contest the responsible Semi-finalist.
  • Winners will be notified by e-mail on July 20, 2016

Prizes:

  • The winning artwork will be displayed on Michaels.com.1
  • One Grand Prize contest winner will receive: value of $9000.
    • $1,000 USD or CAD (depending on the nationality of the winner);
    • $1,000 USD or CAD (depending on the nationality of the winner) Michaels® gift card;
    • Seven (7) Day trip for two (2) to London, England, to work in the Artist Studio of the Griffin Gallery located at the Studio Building, 21 Evesham, London, W114AJ and visit local art-related venues in the London metro area (the “Studio Trip”);2
    • Winning artwork may be replicated and framed and showcased in each Michaels store custom frame shop.
    • The total approximate retail value of the Grand Prize will be no less than $9,000 CAD and no more than $9,000 USD, depending on the nationality of the winner.
  • One (1) Second Prize winner will receive:
    • $500 USD or CAD (depending on the nationality of the winner);
    • $500 USD or CAD (depending on the nationality of the winner) Michaels® gift card.
    • The total approximate retail value of each Second Prize will be no less than $1,000 CAD and no more than $1,000 USD, depending on the nationality of the winner.
  • One (1) Third Prize winner will receive
    • $500 USD or CAD (depending on the nationality of the winner);
    • $500 USD or CAD (depending on the nationality of the winner) Michaels® gift card.
    • The total approximate retail value of each Third Prize will be no less than $1,000 CAD and no more than $1,000 USD, depending on the nationality of the winner.
  • One (1) Fourth Prize winner will receive:
    • $500 USD or CAD (depending on the nationality of the winner);
    • $500 USD or CAD (depending on the nationality of the winner) Michaels® gift card.
    • The total approximate retail value of each Fourth Prize will be no less than $1,000 CAD and no more than $1,000 USD, depending on the nationality of the winner.
  • The remaining six (6) Semi-Finalists will each receive:
    • $100 USD or CAD (depending on the nationality of the winner);
    • $100 USD or CAD (depending on the nationality of the winner) Michaels® gift card.
    • The total approximate retail value of each Semi-Finalist Prize will be no less than $200 CAD and no more than $200 USD, depending on the nationality of the winner.
  • All prizes are not transferable.
  • No substitutions of any prize, except at the sole discretion of the Sponsor.
  • Unclaimed prizes will not be awarded or will otherwise be dealt with according to law.
  • Any taxes are the sole responsibility of winners except where prohibited by law. Prize Winners who are U.S. residents will receive an IRS Form 1099 for the taxable value of their prize.
  • Total approximate retail value of all prizes in the Contest is no less than $13,200 CAD and no greater than $13,200 USD, depending on the nationalities of the winners.

1The duration and timing of the display is at Sponsor’s discretion.
2Dates of trip to be determined by Sponsor based on availability; maximum cash value of tickets and accommodations not to exceed $9,000. Airport, airline, tickets and/or hotel accommodations are to be selected by Sponsor. All travel must be completed on the dates specified by Sponsor, or the Studio Trip will be forfeited. The Studio Trip winner’s Guest must be the age of majority in his or her country of residence. Guests will also be required to complete and sign a Liability Release prior to traveling. In the event that the Studio Trip winner and/or Guest elect not to participate in any or all designated activities for the prize, Studio Trip winner will be afforded no additional compensation in exchange therefore. Studio Trip winner and Guest must have all necessary identification and/or travel documents (e.g., a valid driver’s license, passport, visa, etc.) required for travel, and must have no restrictions on their ability to travel, including the right to enter the destination country, or any country entered during their travel itinerary. Once Studio Trip winner’s Guest is selected, he/she may not be substituted, except in Sponsor's sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Studio Trip prize-related services or accommodations. The Sponsor is not liable if travel is impeded by reason of decisions of government authorities, or other airline or airport authorities. If a Studio Trip winner is unable to attend the Studio for any reason, including inability to obtain a visa for travel, Studio Trip winner forfeits the Studio Trip Prize portion of the Grand Prize and no cash equivalent shall be awarded.

Conditions of Entry:

  • Entry in the contest by submission of artwork constitutes your agreement to the rules and conditions set forth herein.
  • By submitting an entry, you agree that Sponsor may use your name and likeness for advertising and publicity purposes in connection with the Contest, without further compensation.
  • By submitting an entry, you represent and warrant that the Entry is original to you, has not been submitted to another contest, and does not infringe the intellectual property rights or rights of privacy or publicity of any third person, is not obscene, pornographic, harmful, offensive or inappropriate and will not otherwise violate the rights of any third person and is under no limitation that will restrict or prevent Sponsor’s use of the Entry in the conduct of the Contest or any subsequent use contemplated herein in the award of prizes.
  • All Semi-finalists agree, for no compensation, to grant to Sponsor and Michaels a non-exclusive, royalty-free, worldwide license to publish, modify, make available to the public, distribute and reproduce the Entry through any and all media or formats on the michaels.com website for the purpose of conducting the Contest, including, but not limited to display of the Entry for purposes of public voting and will, upon request, execute an affidavit of eligibility and a written license confirming the foregoing.
  • In addition to the foregoing, Grand Prize winner also agrees, for no compensation, to grant to Sponsor and Michaels a perpetual, royalty-free, worldwide license to publish, modify, make available to the public, distribute and reproduce the Entry through any and all media or formats for any purpose, including commercial purposes, and/or the marketing, advertising, and promotion of Sponsor and/or Michaels and its products and services, and will, upon request, execute an affidavit of eligibility and a written license confirming the foregoing. In addition, Grand Prize winner warrants that any moral rights in the Entry have been waived and agrees that Sponsor may use any ideas from any Entry or other submitted materials, whether or not you have been awarded a prize for any such Entry or other materials.
  • All decisions of Sponsor with regard to the conduct of the contest are final.
  • Sponsor reserves the right to disqualify any entrant found to be disrupting the operation of the Contest or its website, or who has submitted multiple entries, or who has otherwise violated the Contest rules or taken any action contrary to the fair administration of the Contest.
  • All entries become the property of Sponsor, and will not be acknowledged or returned.
  • This contest may be withdrawn by Sponsor at any time without any obligation on the part of Sponsor.
  • Sponsor and its employees, affiliates, contractors and legal advisors are not responsible for and shall not be held liable for: (1) entries which are not accounted for any reason whatsoever, whether lost, late, stolen, misdirected, illegible, mutilated, destroyed or incomplete; (2) any equipment malfunction, such as Internet, network, server, telephone, etc.; (3) any printing or typographical errors in any material related to the promotion; (4) failure to notify any entrant of an incomplete or failed entry.
  • Any dispute arising out of this promotion shall be subject to binding arbitration before a three-judge panel pursuant to the commercial arbitration rules of the American Arbitration Association to be held in New Jersey.
  • You agree to execute an affidavit of eligibility and otherwise confirm your compliance with these Rules prior to the grant of any award.
  • By entering and/or by accepting the prize, you agree to release Sponsor, Michaels, any of their affiliates, and any of their directors, officers, employees and agents from any and all liability arising from your participation in this Contest and/or with respect to the awarding, receipt, use and/or misuse of any prize. Winner acknowledges that neither Sponsor nor Michaels makes any warranties, express or implied, relating to the prize itself and that Sponsor and Michaels expressly disclaims the implied warranties or merchantability and fitness for a particular use. You agree to defend, indemnify and hold harmless the Sponsor and Michaels from any and all losses, expenses, claims or liabilities arising from a breach of any of your representations or warranties, or the use of your Entry by Sponsor or Michaels. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, the entrant agrees that, by entering the Contest, (a) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
  • This contest is governed by the laws of the United States and the State of New Jersey.
  • Sponsor is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete or garbled or delayed electronic communications.
  • ANY ATTEMPT BY A CONTESTANT, INDIVIDUAL OR ORGANIZATION TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL OR ORGANIZATION TO THE FULLEST EXTENT PERMITTED BY LAW.
  • By entering the Contest, entrants consent to the collection, use and disclosure of their personally identifiable information for the purposes of administering the Contest and prize fulfillment. Your personal information will be stored on servers in the United States, and therefore subject to the laws of the United States. For information about how Sponsor manages your personal information, see https://www.michaels.com/your-privacy-rights/ca-your-privacy-rights.html in the United States, or http://canada.michaels.com/on/demandware.store/Sites-MichaelsCanada-Site/default/Page-Show?cid=privacyPolicy from Canada.
  • Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor shall be final and binding and not subject to challenge or appeal.

Sponsor:

  • The contest is sponsored by ColArt Americas, Inc., 11 Constitution Ave., Piscataway Township, NJ 08854 (“Sponsor”).

Winner’s Name:

  • You may request a list of winners by sending a stamped, self-addressed envelope to: ColArt Americas, Inc., 11 Constitution Ave., Piscataway Township, NJ 08854, Attn: Art Challenge. VT and Canada residents may omit return postage. Requests must be received prior to November 30, 2016.

Rules Request

  • To receive a copy of these Official Rules and Regulations, send a self-addressed stamped envelope to: 11 Constitution Ave., Piscataway Township, NJ 08854, Attn: Art Challenge. VT and WA residents may omit return postage.