Terms and conditions

These terms and conditions (Rules) govern your entry to the National Portrait Gallery’s (NPG) National Photographic Portrait Prize 2024 (NPPP 2024).

ARTISTS

To be eligible to enter, you must be an artist or collective that is:

1. an Australian citizen/s or a resident/s of Australia at the time of your online entry
2. 18 years or over at the time of your online entry.

Officers, directors and employees of NPG (together with their immediate families) are not eligible to enter.

ENTRIES

To be eligible for entry your photograph must:

1. be a photographic artwork (here referred to as ‘the photograph’), created using either traditional photographic emulsion or digital processes
2. be a portrait of a person or persons, from a live sitting (a sitting conducted using video communication technology, is acceptable)
3. be entirely your intellectual property
4. be a photograph taken after 2 February 2023
5. be submitted electronically for the first round of judging.

Entries that have been selected for exhibition or as a finalist in any other Australian or international prize at the time you submit your entry are not eligible.

Photographs featuring officers, directors and employees of the NPG (together with their immediate families) are not eligible for entry.

SUBMISSION OF ENTRIES

Please do not deliver your entry to the NPG in person.

To enter you will need to upload a digital image of your photograph through NPG’s online entry registration page which will be open for entries from 1 November 2023 to 9 February 2024.

Each artist or collective may submit one photograph to the prize. Your artwork can consist of multiple parts.

When submitting your entry, you must complete all required fields in the online form, including:

1. a brief artist bio (maximum 100 words) outlining your art practice and key achievements as an artist
2. an artist CV
3. a brief narrative (maximum 100 words) about the sitter and how the work relates to or reflects your artistic practice. If your photograph is selected for the exhibition, NPG will edit the text for consistency with wall labels
4. indicate the dimensions of your photograph
5. confirm you are the sole copyright owner of the photograph, or, if you are not the sole copyright owner, that you have obtained and will make available to the NPG all required third party intellectual property rights (including copyright), consents or licenses
6. provide evidence, such as a completed Subject Consent Form that you have obtained the informed consent from all subjects. If you are unable to supply this consent you must provide an explanation of why you were unable to obtain the subject’s consent
7. if your sitter is under 18, your entry must be accompanied by a sitter consent form, signed by their parent/guardian to be eligible
8. if your process has involved any Generative AI Tools you must specify this in your artist statement, outlining what tools were used and how
9. upload a single digital jpeg format image file. If your photograph is comprised of multiple parts, the supplied image must show all parts. The jpeg image file must be at least 2400 pixels wide or tall, with a RGB colour profile, and maximum file size of 15MB. Original prints (physical copies) of entries will not be accepted for the first round of judging.

Once you have registered in the online application portal, your entry can be saved and edited until the call for submissions close.

Entries to the NPPP 2024 are only valid if all entry criteria have been met.

FIRST ROUND OF JUDGING

The first round of judging will be conducted using the electronic image submitted by each artist. If your entry is selected by the judges for display in the NPPP 2024 exhibition (Exhibition), you become a finalist (Finalist).

Finalists will be notified by early April 2024. The members of the judging panel will be decided solely by the NPG.

FINALISTS

Artists who have their photograph selected to be a Finalist will be supported to be part of the NPPP 2024 Exhibition.

If selected as a Finalist each Artist or Artist Collective will receive:

1. a total artist fee of $1200 (ex GST) to exhibit your work at the NPG
2. an additional artist fee of $700 (ex GST) if your work is included in the NPPP 2024 National Tour
3. a total copyright and image licensing fee of $1000 (ex GST)
4. an allowance to be determined by the NPG for return domestic artwork freight
5. an allowance to be determined by the NPG for return domestic economy travel for the Artist to the NPG for the Exhibition launch
6. one night’s accommodation for the Artist in Canberra for the night of the Exhibition launch
7. an access statement form to complete which will help the Gallery understand any access requirements.

If selected as a Finalist:

1. by submitting an entry to the prize, applicants consent to making their work available for continuous display for the duration of the Exhibition and NPPP 2024 National Tour (concluding early 2026)
2. your photograph must be available for delivery to the NPG between 29 April and 10 May 2024
3. you must provide a signed and completed Subject Consent Form for all subjects, if this form was unable to be submitted with your entry
4. you must provide any model or subject agreements entered into during the creation of the photograph
5. if you are not the sole copyright owner of your photograph, you must provide evidence of any copyright consents or licences pertaining to the work for NPG assessment
6. if your photograph is a two-dimensional print, it must be prepared for transport to the NPG finished and framed using acrylic glazing or Perspex only (glass will not be accepted). If your photograph is not a two-dimensional print you must outline any installation requirements via the application form
7. the work, including the print and any display elements, must be stable enough to withstand continuous display. Your work must have the title of the work, your name, address and telephone number affixed to it on the reverse side
8. you are required to follow all NPG instructions regarding public use of images of your photograph once the Finalists are announced.

In addition, finalists should note that:

1. the NPG may exclude a photograph from the prize, the Exhibition or NPPP 2024 National Tour if it appears to have been significantly altered when compared to the digital file submitted at the time of entry
2. the NPG will require finalists to re-print, re-mat or re-frame photographs which are deemed not suitable for display and to re-deliver the work at the Finalist’s expense
3. artists may nominate wall spacings in a multi-panel work, however it may be necessary for the NPG to alter spacings during the installation of the exhibition
4. the NPG will exclude a photograph from the NPPP 2024 National Tour if it is not considered robust enough for travel
5. if any individual or framed part of your photograph exceeds 140cm in height x 140cm in width, it may not be able to be part of the NPPP 2024 National Tour
6. if suitable hardware is not in place, the NPG will fix hanging hardware to the frame of your photograph.

EXHIBITION

If selected as a finalist:

1. your photograph will be exhibited in the Exhibition at the National Portrait Gallery in Canberra from 22 June to 22 September 2024
2. your photograph may be included in the NPPP2024 National Tour, until early 2026 for all or part of that tour. A digital reproduction of your photograph may also be exhibited in other spaces and formats in reference to the Exhibition or NPPP2024 National Tour (for example, as a digital image reproduction at a travelling exhibition venue).

The NPG can remove works from all or part of the Exhibition or NPPP 2024 National Tour at its absolute discretion.

DELIVERY OF ARTWORK

Your photograph will need to be delivered to the NPG between 29 April and 10 May 2024 inclusive. Finalists will be contacted by the NPG to co-ordinate the artwork freight allowance.

INSURANCE

The NPG will insure the photograph for the replacement value, against all customary risks of physical loss or damage from external causes subject to the Terms and Conditions of the Comcover Statement of Cover that apply at the time.

JUDGING AND PRIZES

The winner of the Prize will be selected by a judging panel of at least three members. The members of the judging panel and the number of members will be decided solely by NPG.

The NPPP 2024 winner will receive a cash prize of $30,000 (ex GST) and photographic equipment valued at $20,000 courtesy of our Imaging Partner, Canon Australia, which will be paid in accordance with relevant Commonwealth Government protocols.

The NPG may offer additional prizes, at its sole discretion, including:

• People’s Choice Award        
• Art Handlers’ Award.

The NPG reserves the right to:

• not award the Prize should the judging panel be of the view that no entry of sufficient merit has been entered
• split the prize(s) between one or more entries should that be the recommendation of the judging panel.

All decisions of the judges and the NPG are final, and no correspondence will be entered into.

The NPG reserves the right to disqualify any photograph for prize selection if the artist has not adhered to these Rules.

RETURN OF ENTRIES

Finalist photographs will be returned at the conclusion of the exhibition’s tour, in early 2026.

The NPG will pack the photograph in the same packaging in which it was delivered.

The NPG will coordinate return freight of the photograph in consultation with each finalist.

Finalists must make themselves available to receive the photograph at a time mutually agreed upon with the NPG.

If your photograph cannot be returned within the period stated above, you agree that:

• NPG may move your photograph to a commercial storage facility
• you will become liable for all storage and transport costs
• if the photograph cannot be returned within six months, NPG may, at its discretion, dispose of or destroy your photograph (including any framing) without further notice to you (in which case NPG may recover any storage and transport costs that remain outstanding from any proceeds and retain any balance).

INTELLECTUAL PROPERTY AND COPYRIGHT

The NPG acknowledges that copyright in your photograph remains with you as the creator.

You agree that you have not infringed the Intellectual Property Rights of any third party in the creation of the photograph (this includes any items within copyright captured in the photograph). In the event any third-party Intellectual Property Rights have been granted for the photograph, including subject agreements, you agree to provide the NPG with a written copy of these permissions if selected for the Exhibition.

NON-EXCLUSIVE COPYRIGHT LICENSING FOR EXHIBITION PURPOSES

If selected for the Exhibition, by agreement of these terms and conditions and for the provided copyright and image licensing fee, you grant NPG, NPPP 2024 National Tour venues and any NPPP 2024 exhibition partners authorised by NPG:

• an irrevocable, non-exclusive, commercial (not including merchandising), world-wide, royalty-free licence, for the period from the date from which you are notified of inclusion in the Exhibition to six months after the date of the conclusion of the NPPP 2024 National Tour, to publish and reproduce the photograph (in whole or in part, or partly obscured by text) for publication, reproduction, televising or transmission by any means in relation to the Exhibition at the Gallery or any NPPP 2024 National Tour venues. This may include, but is not limited to, the reproduction and publication for the purposes of: the marketing and promotion materials, print and digital, related to the Exhibition or NPPP 2024 National Tour; print and digital publications in relation to the Exhibition or NPPP 2024 National Tour; print and digital educational and public program material related to the Exhibition or NPPP 2024 National Tour; virtual tours of the Exhibition or NPPP 2024 National Tour (live or recorded); any domain of NPG’s website, social media platforms and other websites and digital platforms associated with NPG; NPG Exhibition or NPPP 2024 National Tour content published on the Google Arts and Culture online platform; and television and broadcast content in relation to the Exhibition or NPPP 2024 National Tour.
• The ability for the NPG to retain one or more digital photographic or video reproductions of the photograph after the conclusion of the licensing period, in perpetuity, which may have been reproduced in any archived content related to the Exhibition or NPPP 2024 National Tour, in relation to reviews or references for the Exhibition or NPPP 2024 National Tour and for internal exhibition documentation, archive and research purposes.
• The ability to retain one or more digital photographic or video reproductions of the photograph after the conclusion of the licensing period, in perpetuity, for use in conjunction with promotion of the Exhibition or NPPP 2024 National Tour in future years.

The NPG will ensure that appropriate guidelines on usage of any reproductions, approved by the NPG for use in the touring program of the NPPP 2024 National Tour, are provided to all or NPPP 2024 National Tour venues. The requirement to adhere to these guidelines will be included in the touring agreements with each venue.

Should there be a requirement for any additional licensing permissions, including merchandising, written permission will be sought with you as the Artist outside the terms and conditions of this prize.

INDIGENOUS CULTURAL AND INTELLECTUAL PROPERTY RIGHTS AND PROTOCOLS

The Artist and the NPG agree to comply with any Indigenous Cultural and Intellectual Property protocols and rights as identified prior to displaying the photograph, or reproductions of the photograph.

You agree, as the Artist, to inform the NPG as soon as possible:

• if the photograph includes, or is likely to include, any traditional First Nations knowledge, cultural expression or cultural objects
• of any Indigenous Cultural and Intellectual Property rights in the photograph
• of all permissions you as the Artist have obtained from traditional owners or custodians of the Indigenous Cultural and Intellectual Property rights
• of the identities and contact details for the traditional owner(s) or custodian(s) of the Indigenous Cultural and Intellectual Property rights to enable the NPG to obtain appropriate Indigenous Cultural and Intellectual Property permissions.

The NPG acknowledges and agrees that any Indigenous Cultural and Intellectual Property rights identified for the photograph will remain with the traditional owners or custodians of those Indigenous Cultural and Intellectual Property rights.

The NPG will acknowledge any traditional owners or custodians of the photograph in accordance with the Indigenous Cultural and Intellectual Property protocols reasonably identified by the traditional owners or custodians of the Indigenous Cultural and Intellectual Property in the painting.

Use of images, names or styles of third parties in your data gathering or input process

If the data or input prompts used by you in any Generative AI Tools used to create your photograph contain names and/or images of individuals, names of the work of other individuals, or references to the creative styles of other individuals, you warrant that you have obtained express consent from any and all such individuals to use such material in your entry and for all other purposes contemplated by these Rules. In addition to Intellectual Property and Copyright requirements including First Nations Cultural and Intellectual Property the requirement of obtaining express consent also applies if your entry features the likeness of specific individuals, recognisable elements of other images, or is of a style that might solely be attributed to a particular artist.

Similarly, the creation of the photograph, the display of the photograph in the Exhibition and/or NPPP 2024 National Tour and any copyright permissions you have granted must not infringe or authorise the NPG to infringe any Intellectual Property Rights inherent in end user agreement or other agreements entered as part of the use of Generative AI Tools.

VISITOR PHOTOGRAPHY AND FILMING

If your photograph is included in the Exhibition or NPPP 2024 National Tour, you agree that in recognition of the NPG Photography and Filming policy 2023 it is impracticable for NPG or NPPP 2024 National Tour venues to prevent visitors from taking photographs or videos of the photograph (including on their smartphones); and you will not hold NPG or the NPPP 2024 National Tour venues liable for such unauthorised photography.

NPG agrees to acknowledge the Artist as the creator of the photograph in any permitted reproductions generated by the NPG and any time the photograph is publicly displayed or reproduced by the NPG.

YOU MUST HAVE OBTAINED THE CONSENT OF YOUR SUBJECT(S)

• By submitting an entry, you warrant that you have obtained the informed consent of the subject(s) of your photograph.
• If selected as a Finalist, you must submit a signed consent form for each subject featured in the entry (available here). If it is impractical for you to obtain this consent, you must explain why (for example, your entry is an image of a crowd). If the subject(s) are not able to legally give consent (for example, for reasons of age under the relevant State and Territory laws), the entrant is required to obtain the permission of someone who can give consent on their behalf.
• Before obtaining consent, the entrant must communicate the following to the subject(s):
  1. information disclosed about them in the artist statement, including their name and any other personal information
  2. that the entry and the artist’s statement might be placed on public display in the Exhibition, the NPPP 2024 National Tour, online and in media
  3. the entry might be used, reproduced (including the ability to adapt or modify reproductions), published and communicated (including sub-licensing and/or supply to third parties) for promotional, publicity, educational and administrative purposes of the NPG for the Exhibition and by the NPG or NPPP 2024 National Tour venues for the NPPP 2024 National Tour.
• If selected as a Finalist, you must provide the NPG with written evidence of the subject(s)’ consent. If any model release or artist/subject agreements were entered into during the creation of the photograph, a copy must be provided to the NPG.

FIRST RIGHT OF REFUSAL

If your photograph is selected as a Finalist, you agree, through your acceptance of these terms and conditions, to grant NPG the First Right of Refusal to acquire your photograph. If you intend to sell the photograph to any third party from the date of submission of your entry to the return or collection of the photograph you must first notify the NPG in writing so that the NPG may exercise its First Right of Refusal (Sale Notice). On receiving the Sale Notice, NPG may exercise its First Right of Refusal by providing you with written notice stating that it wants to accept the First Right of Refusal within 14 days of receiving the Sale Notice and then enter into open negotiations with you regarding acquiring the photograph. If the NPG fails to exercise its First Right of Refusal in accordance with clause you may seek a bonafide third party purchaser for the photograph. If the NPG exercises its First Right of Refusal you agree that the agreed purchase price for the photograph will be determined, prior to an agreement for acquisition, by good faith negotiation between you and the NPG regarding the market value for your photograph and other relevant factors.

You also acknowledge that:

• nothing in these Rules compels the NPG to exercise the Option
• you have no obligation to sell your photograph to the NPG, and understand that it has no bearing on whether your artwork is awarded the Prize
• NPG may exercise its Option whether your photograph is awarded the Prize or not
• if your photograph is one impression of an edition, the Right of Refusal terms do not impede your ability to sell other impressions of the same edition.

OTHER TERMS AND CONDITIONS

You warrant that:

• you are authorised to enter the competition and can agree to these Rules
• your photograph will not infringe copyright or any other third-party rights
• your entry meets all the Terms and Conditions of the Prize
• before registration, you will have obtained all necessary permits, permissions and approvals for your photograph (for example, any necessary location releases or copyright licences).

To the maximum extent permitted by law and except for the express written terms in these Rules, all other express or implied terms, conditions, warranties, statements, assurances and representations made by NPG in relation to the Prize competition or these Terms and Conditions are expressly excluded.

These Rules will be governed by the law of the Australian Capital Territory.