The award winners will be exclusively exhibited at the Newman Gallery – a dedicated showcase in a renowned exhibition space that gives the work the stage it deserves.

For photography and painting works, there's more: Prints of every winning artwork can be purchased worldwide. We distribute your work globally – and you receive a share of the proceeds from every print sold. This transforms a single submission into a long-term revenue stream and international visibility for your work.

§ 1 Scope and Contracting Parties

These General Terms and Conditions ("GTC") apply to participation in the "FOLSOM Berlin Art Award" (hereinafter "Award"), which is organized by Galerie Newman (hereinafter "Organizer" or "Gallery") in cooperation with FOLSOM e.V. (hereinafter "FOLSOM").

The contracting party for paid participation in the Award is exclusively Galerie Newman. The Gallery invoices the participation fee, operates the Award's website and platform, and is responsible for the organization, execution, and settlement of the competition. FOLSOM e.V. is a cooperation partner and participates in the proceeds according to § 5 of these GTC and the conditions of participation ("Rules of the Game"), but is not a contracting party to the participants.

By registering and submitting an artwork, the participant acknowledges these GTC and the separately published conditions of participation ("Rules of the Game") as binding. The Rules of the Game specifically regulate image rights, the competition process, the jury's decision, and the distribution of proceeds, and are an integral part of these GTC.

Deviating, conflicting, or supplementary terms and conditions of the participant do not become part of the contract, unless the Organizer expressly agrees to their validity in writing.

§ 2 Eligibility

1. Any natural person is eligible to participate, regardless of age. Minor participants require the prior consent of their legal guardian(s). By registering a minor participant, the registering legal guardian confirms that this consent has been given; the Organizer may request proof thereof.
2. Employees and organs of FOLSOM e.V. and Galerie Newman, members of the jury, and their respective relatives (spouses or life partners, parents, children, siblings) are excluded from participation. Any participation that nevertheless occurs entitles the Organizer to exclude them from the competition and to revoke any prize.
3. By registering, the participant assures that the information provided by them (in particular name, contact details, and authorship) is accurate and complete.

§ 3 Participation Fee

1. A participation fee is to be paid for each submission of an artwork. The amount of the fee per category and submission is separately stated on the Award's website.

The participation fee is non-refundable. This also applies in particular if the submitted work does not advance to the next round of the competition, is not exhibited or not awarded a prize, as well as in the event of a voluntary withdrawal from participation after payment has been made. Clause 4 (Right of withdrawal for consumers) remains unaffected.

The participation fee serves to finance the execution of the Award, in particular the operation of the website and platform, the promotion of the competition, the organizational processing, and the jury and exhibition costs.

FOLSOM e.V. receives a share of 10% (minus statutory taxes) of each participation fee as a contribution to its association work. The remaining 90% stays with Galerie Newman to cover the execution and operating costs of the competition.

Multiple participations are possible; the participation fee is due separately for each submitted work. Further details are regulated by the conditions of participation ("Rules of the Game").

§ 4 Payment and Right of Withdrawal

1. The participation fee is due and payable upon submission of the artwork via the payment methods indicated on the website. Participation in the competition will only be counted after full payment has been received.

Right of withdrawal for consumers: If the participant is a consumer within the meaning of § 13 BGB (German Civil Code), they generally have a statutory right of withdrawal in accordance with §§ 355 et seq. BGB. The participant will be separately informed about this right and the consequences of withdrawal in a withdrawal instruction during the registration process. If the participant expressly agrees that the Organizer begins processing the submission (in particular examination and forwarding to the jury) before the expiry of the withdrawal period, and confirms their knowledge that they thereby lose their right of withdrawal, the right of withdrawal expires with the complete provision of this service, at the latest with the announcement of the jury's decision in accordance with the Rules of the Game.

§ 5 Share of Proceeds from the Sale of Submitted Works

Artworks (pictures) offered as part of the Award can be offered for sale via Galerie Newman's platform. The following applies to the distribution of proceeds from sales:

• 10% of the achieved sales price (minus statutory taxes) goes to FOLSOM e.V.
• 10% of the achieved sales price (minus statutory taxes) goes to the respective artist.
• The remaining share of proceeds stays with Galerie Newman to cover shipping, production, handling, exhibition and sales costs, and other expenses associated with the sale.

For the sale of winning works within the scope of the subsequent exhibition, the special regulation made in § 6 of these GTC and in the Rules of the Game applies.

Details on accounting, due date, and payment of the shares of proceeds are regulated by the conditions of participation ("Rules of the Game").

§ 6 Selection of Winners and Exhibition Right of the Gallery

The selection of winning works is made by a jury behind closed doors. The jury's decision is final; there is no right to an award or to an explanation of the decision. Further details are regulated by the Rules of the Game.

Galerie Newman has the exclusive right to exhibit and sell the winning works selected by the jury as part of an exhibition. From the sales proceeds achieved thereby (minus statutory taxes), FOLSOM e.V. receives 10% and the respective artist receives 10%; the remaining share belongs to Galerie Newman.

§ 7 Image and Usage Rights

The participant remains the sole author of the works submitted by them. The exact scope of the usage rights granted to the Organizer and FOLSOM e.V. (advertising, press, exhibition, online presentation, sale) is conclusively regulated in the conditions of participation ("Rules of the Game"), section "Image Rights", and is an integral part of these GTC.

Furthermore, by submitting a photo or painting, the participant grants Galerie Newman the spatially and temporally unlimited, non-exclusive right to produce and globally distribute the submitted work as a poster or art print (e.g., via a poster shop), regardless of whether the work is awarded a prize within the scope of the Award. This right to poster production and poster distribution continues, deviating from the other, temporally limited usage rights according to the Rules of the Game, even after the end of the respective competition round. The participant receives a share of 10% of the sales proceeds achieved thereby (minus statutory taxes); further details are regulated by the Rules of the Game.

The participant assures that they are the sole author and owner of all rights necessary for participation in the submitted work and that no rights of third parties (in particular copyrights, trademark rights, personal rights, or other protective rights) are violated by the submission and use. They indemnify the Organizer and FOLSOM e.V. from all claims of third parties asserted against the Organizer or FOLSOM e.V. due to a violation of this assurance, including the costs of appropriate legal defense. This does not apply insofar as the participant is not responsible for the infringement.

§ 8 Submission and Format

Participation takes place by digital upload of the work (image file) via the Award's website in accordance with the technical specifications stated there (file format, resolution, file size). The submission of a physical original is not required for participation.

In the event of an award, sale, or inclusion in an exhibition, the Organizer may request the submission of the physical original work and further documents (e.g., certificate of authenticity). Further details are regulated by the Rules of the Game.

§ 9 Liability

The Organizer is fully liable for damages resulting from injury to life, body, or health based on an intentional or negligent breach of duty, as well as for other damages based on an intentional or grossly negligent breach of duty by the Organizer, its legal representatives, or vicarious agents.

For damages resulting from the breach of an essential contractual obligation (cardinal obligation), the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the participant could rely, the Organizer is also liable in cases of simple negligence, but limited to the contract-typical, foreseeable damage. Otherwise, liability for simple negligence is excluded.

The Organizer assumes no liability for loss or damage to physical original works handed over to it in the context of an exhibition or sale, unless this is based on an intentional or grossly negligent breach of duty. Participants are advised to take out their own transport or work insurance.

§ 10 Data Protection

The personal data collected during registration and participation will be processed exclusively for the execution of the Award, for communication with the participants, and, with appropriate consent, for advertising and press purposes in accordance with § 7. Further details can be found in the privacy policy on the Award's website.

§ 11 Amendments, Final Provisions

1. The Organizer reserves the right to amend these GTC and the Rules of the Game with effect for future competition rounds. For an ongoing participation, the conditions valid at the time of registration apply.
2. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the participant is a consumer and has their usual residence in another country, mandatory consumer protection regulations of that country remain unaffected.
3. The place of jurisdiction for disputes with participants who are not consumers is Berlin.
4. Should individual provisions of these GTC be or become ineffective, the validity of the remaining provisions remains unaffected.

Status: June 2026