Fiverr - AI Art Contest

2.1 Participation will be open from Tuesday, August 8, 2023 /12 pm (EST) to Sunday, August 27, 2023 /11:59 pm (EST).

2.2 Participation in the contest is free of charge. To enter the contest, you must fill out all required fields in the submission form and submit your AI Art Image(s) in accordance with the submission guidelines posted on https://contests.fiverr.com/ai-art-2023.

2.3 In the submission form, you will be asked to fill in your Fiverr username and upload up to three (3) AI Art Image(s) (JPG or PNG) created by you, using an AI tool, and other details as may be required.

2.4 The submission forms will be judged by the Promoter and by a panel of judges appointed by the Promoter (together, the “Judges”), at their sole discretion. The Judges will select the successful applications based on those they consider to best demonstrate the following criteria: understanding of their chosen briefs, interpretation and the clarity of the theme to the viewer, originality and creativity, understanding and application of AI tools and aesthetic appeal. The Judges will have full authority and sole discretion to select applications that they deem successful.

2.5 The Promoter will not accept responsibility for submissions and/or entries that for any reason got lost, damaged or delayed in transmission, regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, network, server, computer hardware or software failure of any kind.

2.6 By participating in the contest, you accept and agree to be bound and abide by these Official Contest Rules and the reasonable decisions of the Promoter and the judges, which are final and binding in all matters. In the event that you are utilizing translated renditions of the Official Contest Rules, it is imperative to note that in case of any inconsistencies or conflicts, the English version shall supersede and govern.

3.1 The contest is open to Fiverr users who are 18 years old or older, except for:

employees or affiliates of Fiverr or its respective holding or subsidiary companies;
employees of agents or suppliers of Fiverr or its respective holding or subsidiary companies, who are professionally connected with the contest or its administration; or
members of the immediate families or households of (a) and (b) above.

3.2 In entering the contest, you confirm that you are eligible to do so and eligible to claim any prize you may be awarded. Fiverr may require you to provide proof that you are eligible to enter the contest.

3.3 Fiverr will not accept entries that:

use a false name or e-mail address;
are automatically generated by a computer or software;
are completed by third parties or in bulk;
are illegible, have been altered, reconstructed, forged or tampered with; or
are incomplete.

3.4 There is a limit of three submissions per applicant. Entries on behalf of another person will not be accepted. You may submit your AI Art Image(s) as a team.

3.5 Fiverr reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the contest.

3.6 By submitting a submission form, you undertake that any content delivered to Fiverr in the scope of the contest may not: (a) contain any material that is defamatory, obscene, profane, or offensive; (b) contain any material that is unsuitable artistic and technical quality; (c) contain any false, unsubstantiated or unwarranted claims for any product or services; (d) contain any false or misleading statement or representation; (e) advertise any habit-forming drug, tobacco product, weapon, firearm or ammunition; (f) violate the rights of any person, entity, firm, corporation or any other third party, including intellectual property rights and any copyright; (g) disparage or libel any competitor’s products, or; (h) depict the consumption of alcoholic beverages in violation of applicable law. Any breach of the above will result in disqualification.

4.1 The contest winners will be chosen as follows:

First, each submission will be reviewed by Fiverr to remove any inappropriate or low-quality AI Art Image(s) and to make initial filtering of the submissions. Fiverr, subject to its sole discretion, will choose the top applicants to move onto the judges panel for the final selection of the winners and runner-ups.
The panel of judges will select three (3) winners and three (3) runner-ups among the applicants selected by Fiverr (all together, the “Winners”). The decision will consider the applicants' answers to the submission form based on the following criteria: understanding of their chosen briefs, interpretation and the clarity of the theme to the viewer, originality and creativity, understanding and application of AI tools and aesthetic appeal. The decision is final and no explanations, correspondences or discussions will be given or entered into thereof.

4.2 The Winners will be announced via Fiverr’s social media, landing page, and email channels around the first week of September 2023. Applicants who do not become winners, will not receive any notice stating so.

4.3 Fiverr will elect the contest judges at its sole discretion, and the decision of such judges is final and no correspondence or discussion will be entered into.

4.4 Fiverr reserves the right to add judging rounds for selecting the contest's winners, at Fiverr’s sole discretion.

4.5 Fiverr reserves the right to extend or change any deadline periods.

5.1 All prizes will be granted to the Winners in USD currency.

5.2 Each of the contest’s three (3) first-place winners will receive:

US$1,500 in Gifted.co digital card. The use of the digital card is subject to Gifted.co Terms of Service;
AI Art Image(s) of the winners will be featured on Fiverr’s social media and email channels;
Dedicated support from a Fiverr Customer Support Manager to help kickstart a successful freelance career, for three months.

5.3 Each of the three (3) runner-ups will receive:

US$500 in Gifted.co digital card. The use of the digital card is subject to Gifted.co Terms of Service;
AI Art Image(s) of the runner-ups will be featured on Fiverr’s social media and email channels;
Dedicated support from a Fiverr Customer Support Manager to help kickstart a successful freelance career, for three months;

5.4 Prizes are as stated and must be accepted as awarded and are not negotiable or transferable or refundable. Prizes may not be exchanged for cash value.

5.5 All taxes, duties, fees or other expenses associated with the prizes, including any cost incurred from the use of an AI tool to create the AI Art Image(s), are the sole responsibility of the winner.

5.7 To receive a prize, each Winner agrees to: complete, sign and return an affidavit of eligibility and liability/publicity release.

5.8 The Winners can claim their prize by responding to the private message sent via email. If a Winner does not claim the prize by 3 days, its prize shall be forfeited.The Promoter does not accept any responsibility if a Winner fails to take up/ exercise the prize.

In addition, A Winner’s prize will be forfeited upon the occurrence of any of the following: (i) failure of a Winner to return any required documents and/or information within three (3) days of prize notification by us; and (ii) determination by the Promoter that a Winner is ineligible or otherwise not in compliance with these Official Contest Rules.

5.9 In the event of prize forfeiture, the judges may select an alternative winner among the eligible applicants, based on the same selection criteria.

5.10 The prize may not be claimed by a third party on the Winner’s behalf.

5.11 Fiverr will make available upon request the surname of the Winners. Requests should be sent to social@fiverr.com.

6.1 Each applicant hereby represents and warrants that (i) the AI Art Image(s) and any other content submitted by the applicant for the contest (the “Submitted Content”) shall be original and shall not infringe any third party rights, including copyrights, trademarks or service marks; and (ii) the applicant’s use of the AI tool, to create the Submitted Content, was in a proper manner and in compliance with such AI tool terms of services and any other applicable law and/or regulation. The applicant shall be the sole liable for any claim caused due to a breach of these representations and warranties.

6.2 Fiverr does not claim any rights of ownership in the Submitted Content. However, each applicant gives an unlimited worldwide, irrevocable license to Fiverr to use, display, publish, transmit, copy, edit, alter and store the Submitted Content for marketing purposes. In addition, each applicant agrees that Fiverr may use their name, picture, portrait, likeness and voice in this connection without further compensation or permission.

IN NO EVENT WILL FIVERR AND ALL ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF: (1) APPLICANT’S PARTICIPATION IN THE CONTEST, (2) THE USE OF ANY AI TOOL BY THE CONTEST APPLICANTS. WITHOUT LIMITING THE FOREGOING, EVERYTHING OFFERED UNDER THIS CONTEST IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

APPLICANTS ACKNOWLEDGE AND AGREE THAT FIVERR HAS NO RESPONSIBILITY NOR LIABILITY WITH RESPECT TO THE USE OF ANY AI TOOL USED IN CONNECTION WITH THE CONTEST AND APPLICANTS ARE RESPONSIBLE TO COMPLY WITH ALL TERMS AND CONDITIONS OF THE AI TOOL USED BY THEM.

APPLICANTS FURTHER ACKNOWLEDGE AND AGREE THAT FIVERR HAS NO RESPONSIBILITY NOR LIABILITY WITH RESPECT TO PRIZES OFFERED BY GIFTED.CO UNDER THIS CONTEST AND FIVERR SHOULD NOT BE HELD ACCOUNTABLE FOR ANY OF GIFTED.CO’S OFFERINGS.

Each applicant hereby remises, releases and forever discharges Fiverr and its respective officers, directors, employees and representatives from any and all liabilities arising or relating to the contest, and hereby indemnifies and holds harmless Fiverr from and against all claims, liabilities, damages or losses of any kind. Both the foregoing release and indemnity include injury, death and property loss, arising from or in connection with: (i) acceptance, possession, use or misuse of any prize; (ii) participation in the contest or any contest-related activity, as well as claims based in whole or in part, directly or indirectly, upon receipt, enjoyment, ownership, possession, use, misuse or inability to use any prize; (iii) whether under contract, tort (including negligence), warranty or any other applicable sources of law; (iv) any condition caused by events beyond Fiverr’s control that may cause the contest to be disrupted or corrupted; and (v) any printing or typographical errors in any materials associated with the contest (vi) any claim arising from the use of any AI tool by the applicants.

ANY ATTEMPT BY AN APPLICANT OR ANY THIRD PARTY TO CIRCUMVENT, TAMPER, DISRUPT OR DAMAGE THE CONTEST ENTRY PROCESS, THE FIVERR WEBSITES OR SYSTEMS, DEFRAUD OR GAIN AN UNFAIR ADVANTAGE, ENGAGE IN UNSPORTSMANLIKE, DISRUPTIVE, ANNOYING, HARASSING OR THREATENING CONDUCT, OR OTHERWISE UNDERMINE THE FAIRNESS, INTEGRITY AND LEGITIMATE OPERATION OF THE CONTEST, WILL RESULT IN AUTOMATIC DISQUALIFICATION FROM THE CONTEST AND MAY CONSTITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS. FIVERR RESERVES ALL RIGHTS, INCLUDING ITS RIGHTS TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES), TO THE FULLEST EXTENT OF THE LAW, INCLUDING THE POSSIBILITY OF REFERRAL FOR CRIMINAL PROSECUTION.

8.1 Fiverr will only process your personal information in accordance with Fiverr’s Privacy Policy.

8.2 Fiverr will process your personal data included in the submission form:

for the purposes of running, judging, and administering the contest, which is necessary for the purposes of compliance with our obligations under the contract between us; and
if you are one of the Winners, for the purposes of reasonable promotion and marketing of Fiverr relating to this contest, and for the purposes of promoting your photography, both of which are necessary for the purposes of legitimate interests pursued by Fiverr.

9.1 By accepting a prize in the contest, each Winner grants to Fiverr, where permitted by law, the right to use and publish (worldwide, via the Internet and otherwise) his/her name, city and state of residence, portrait, image, picture, voice and likeness for promotional purposes without prior notification, review or approval and without payment or consideration.

9.2 Each Winner further agrees, as may be reasonably requested by Fiverr, to provide comments about Fiverr and/or this contest to the press without further compensation, in connection with any publicity relating to the contest.