Terms and Conditions for Textile Exchange: Materials Matter

By agreeing to Textile Exchange's Terms and Conditions for the Textile Exchange: Materials Matter (the "Prize"), the agreement is between yourself (the "Photographer") and Textile Exchange (the "Company"), whose registered address is 511 South, 1st Street, Lamesa TX 79331.

The Textile Exchange Terms and Conditions are additional to the Terms and Conditions of the software provider Picter, which can be viewed here: https://www.picter.com/legal/terms/

1. PRIZES

The Prizes consist of:

1.1. Grand winner:

1.1.1. 1 x commission to the value of £8,000 ; 5 x 1-1 mentorship sessions of one hour with 1 (one) Magnum Photographer.

1.2. For the 1 x Runner Up:

1.2.1. 1 x commission to the value of £5,000 ; 2 x 1-1 coaching sessions of one hour with a Magnum Photographer and 1 x 1-1 coaching session of on hour with the Magnum Photos Education team.

1.3. Separate licencing agreements will be created for the commission and creation of new work.

1.4. Grants are inclusive of photographer fees, all travel and photography expenses. Textile Exchange will ensure that commissions are local to the winning photographers' locations to reduce any associated travel costs.

1.5. Artists selected for exhibition will not incur any additional costs or hidden fees.

2. SELECTION PROCESS

2.1. The selection process for the prizes is based on the body of work submitted and judged on the excellence, context, and quality of the work submitted in answer to the brief.

2.2. If a large number of applications are received, the organizers, Textile Exchange, will do a preliminary selection of entries in partnership with Magnum Photos. All submissions will be reviewed to ensure they adhere to the guidelines and Terms and Conditions of the prize.

2.3. The Jurors will participate in two remote sessions of one hour each to decide the final winners.

3. THE WORK

By submitting photos (the "Work") to the Textile Exchange: Materials Matter process, the Photographer hereby agrees that:

Textile Exchange: Materials Matter will allow any early career photographer to submit Work from 10 May 2023 until the closing date on midnight on 28 July 2023. The Company reserves the right to adjust this deadline at any time. Decisions on any successful applications will be made August 2023.

The Photographer hereby agrees that:

3.1. The Photographer is the copyright holder of the Work, or has the specific right to distribute the Work and to agree to a non-exclusive release of the Work on behalf of the copyright holder

3.2. The Work is an original work (except to the extent that it may include third party clearances, where the Photographer has in their possession any necessary written permission which may be delivered to the Company, upon request), is free of any lien, claim, or debt of any kind, is not in the public domain in any country throughout the world.

3.3. The Work contains no material that is libellous, obscene, plagiarized or any other unlawful matter, or is in any way illegal, and that it in no way infringes upon the copyright or violates any other right of any person so as to subject the Company to liability to any third party.

3.4. The Work will only be viewed by the Company on the Picter software platform by the jury of the open call.

3.5. By submitting the Work , the Photographer grants the Company a non-exclusive licence to view the Work on the Picter software platform for the duration of the submission process commencing on 10 May 2023 until 28 July 2023.

3.6. The Company and Picter will not publish, share or redistribute any of the Work to any individuals or organisations external to the Company for the duration of the submission process or post-submission process.

3.7. The Work must be submitted in maximum two projects with an accompanying artist statement. If the Work does not meet these requirements, the Photographer will not be considered.

3.8. The Company will not correspond with any Photographer regarding any unsuccessful application.

3.9. By submitting the Work, and if successful as a winner, the Photographer agrees to grant Textile Exchange the rights to use the Work on social media, website and in an exhibition in order to promote the project.

3.10. By submitting the work, and if successful as a winner, the Photographer agrees that Textile Exchange will archive the digital versions of submitted photographs for possible future inclusion in promotion of the project in subsequent years.

3.11. The Photographer shall indemnify, defend and hold the Company, its parent company, subsidiaries and affiliated companies, successors, licensees and assigns and respective officers, directors, shareholders, employees, partners and agents who was or is made a party or is threatened to be made a party to or is involved in threatened, pending or completed claim, action, suit, arbitration, alternative dispute resolution proceeding, administrative hearing whether of a civil, criminal, or administrative nature (any of the foregoing, a "Proceeding"), or any appeal of such a Proceeding or any inquiry or investigation that could lead to such a Proceeding harmless from and against any and all claims, damages, losses, liabilities, costs and expenses, including attorneys' fees, costs or disbursements arising out of any breach of this Agreement.

3.12. All matters relating to the interpretation, construction, validity and enforcement of this Agreement shall be governed by and construed in accordance with the domestic laws of the State of Texas without giving effect to any choice or conflict of law provision. The exclusive jurisdiction for any claim, action or dispute will be in the state and federal courts of the State of Texas and the venue or the adjudication or disposition of any such claim, action or dispute will be in the State of Texas. The parties waive their respective rights to a trial by jury.

3.13. This Agreement and the documents referred to herein shall constitute the entire agreement between the parties with respect to the subject matter hereof and shall be amended only by a writing signed by both parties. This Agreement contains all of the terms agreed and no waiver or modification of any term of the agreement will be valid, unless it is in writing and signed by the Photographer and the Company. The Photographer hereby warrants that they have read the above authorization, release, and agreement prior to its execution, and is fully familiar with the contents thereof.