Art in Motion project terms

1. General provisions

1. 1.1.These Terms set out the procedure for the Art in Motion project (the "Project") and constitute a public offer by ТОО «S89 Fitness» to conclude an agreement granting the right to use works on the conditions below.
2. 1.2.The Project is a non-commercial creative project for authors from Kazakhstan. Participation is free of charge. The Project is not a lottery or a game of chance: the winner is determined by a vote of club members.
3. 1.3.A Participant is a legally capable individual aged 16 or over who has sent a submission on art.s89fitness.kz. A Participant aged 16 to 18 confirms that they have the consent of their legal representative to take part and to these Terms.
4. 1.4.A Work is a work of fine art or a photographic work (painting, graphics, illustration, digital illustration, photograph) sent by the Participant as part of a submission.
5. 1.5.Acceptance of the offer is the sending of a submission with the box confirming consent to these Terms ticked. The agreement is concluded from the moment of acceptance. The Organiser keeps the date and time of acceptance, the version of the Terms, the confirmed phone number and the technical data of the submission.
6. 1.6.Relations between the parties are governed by the laws of the Republic of Kazakhstan, including the Civil Code, the Law "On Copyright and Related Rights" and the Law "On Personal Data and Their Protection".

2. Requirements for works

1. 2.1.A Work must relate to Kazakhstan: its nature, culture, traditions, history, cities or people.
2. 2.2.A Work must be created personally by the Participant. Works by other authors, including those found on the internet, as well as copies and adaptations of other people's works without the rights holder's permission, are not accepted.
3. 2.3.Works created with generative artificial intelligence (Midjourney, DALL·E, Stable Diffusion, Adobe Firefly, Leonardo, Ideogram and similar), in whole or in the main part of the image, are not accepted, nor are works in which objects, people or backgrounds were added, replaced or created with AI. Ordinary editing is allowed: colour and light correction, cropping, retouching, removal of minor defects, noise reduction.
4. 2.4.A Work must not contain: trademarks or advertising of third parties; adult (18+) content, scenes of violence or cruelty; insults, discrimination, political campaigning, propaganda or anything else prohibited by the laws of the Republic of Kazakhstan.
5. 2.5.If a Work depicts recognisable people, the Participant must have their consent to the creation and publication of the image (and, for minors, the consent of their legal representatives).
6. 2.6.Technical requirements: a JPG or PNG file, at least 2000 px on the long side, up to 20 MB; recommended format is portrait 9:16. Up to 5 works per submission.

3. Participant's warranties

By sending a submission, the Participant represents and warrants to the Organiser that:

1. 3.1.they are the sole author of each Work and hold the exclusive right to it to an extent sufficient to grant the rights under section 4; the rights to the Work have not been transferred to third parties on an exclusive basis and are not otherwise encumbered in a way that prevents it from being displayed;
2. 3.2.the Work was created without generative AI within the meaning of clause 2.3;
3. 3.3.the Work does not infringe copyright, related rights, trademark rights, the right to one's image, or the honour, dignity and business reputation of third parties;
4. 3.4.the information in the submission (name, city, phone number, Instagram profile, links) belongs to the Participant and is accurate.

The Organiser does not and is not obliged to verify ownership of the rights to the Works and relies on the Participant's representations. Selection of a Work by the curator does not mean that the Organiser confirms the Participant's authorship.

4. Rights to the works

1. 4.1.The exclusive right to the Work remains with the Participant. The Participant may freely sell, publish and otherwise use the Work.
2. 4.2.The Participant grants the Organiser, free of charge, a non-exclusive right to use the Work (a simple non-exclusive licence) in the following ways: reproduction, public display and making available to the public in the S89 Fitness mobile app (start screen, gallery, voting), on the Organiser's websites, on the Organiser's official social media and messenger accounts, and in materials about the Project and its results.
3. 4.3.Territory: worldwide. Term: 3 (three) years from the date of acceptance; after the term expires, the Work may remain in the archive of previously published materials (social media posts, the gallery of past seasons).
4. 4.4.Without changing the meaning of the Work, the Organiser may crop it to fit the screen format, resize and compress the file, and place app interface elements, the author's credit and the Project logo over the Work. Any other adaptation of the Work without the Participant's consent is not permitted.
5. 4.5.The Work is always shown with the Participant's name and, where available, a link to their profile. The Organiser is not granted the right to transfer the rights received to third parties (sublicence), except to contractors that operate the app and websites.
6. 4.6.The Participant may withdraw a Work by writing to art@s89fitness.kz from the phone number given in the submission or with confirmation that they are its sender. The Organiser stops showing the Work in the app within 10 business days. Publications made before the withdrawal are not subject to removal. Withdrawal of a Work taking part in the current vote means it leaves the vote.

5. Liability for other people's works

1. 5.1.Liability for infringement of third-party rights, including copyright and the right to one's image, in connection with a submitted Work lies with the Participant who submitted it.
2. 5.2.If third parties bring claims or lawsuits against the Organiser in connection with a Work, the Participant undertakes, at the Organiser's request, to settle them on their own and at their own expense, and to compensate the Organiser for losses, including compensation paid, fines and legal costs.
3. 5.3.Upon receiving a substantiated notice from a rights holder, or if the Organiser has doubts about authorship or signs of generative AI use, the Organiser may immediately and without notice remove the Work from display, request source files, sketches, RAW files or other proof of authorship from the Participant, and reject the Participant's further submissions.
4. 5.4.A rights holder who finds their work in the Project without permission may report it to art@s89fitness.kz. The Work is removed from display within 2 business days of receiving a notice identifying the Work and confirming the rights.

6. Selection and "work of the day"

1. 6.1.Works are selected by the Organiser's curator at their discretion, taking into account quality, originality and connection to Kazakh themes. The Organiser is not obliged to publish a Work or to explain the reasons for rejection.
2. 6.2.The Project runs in seasons. A season is one calendar month; season 1 is November 2026. Works submitted before the 1st of a month are shown in that month, and Works submitted during a month are shown in the following one. If more Works are selected than there are days in a season, the Organiser may move some of them to the next season. Each selected Work is shown on the app start screen for one calendar day, Almaty time ("work of the day"), and is then available in the Project gallery. The display date is set by the Organiser, who may change it.
3. 6.3.A response to the submission is sent within 7 days via WhatsApp to the confirmed number.

7. Voting and prize

1. 7.1.During a season, club members vote in the app for the Works shown in that season. The results are announced within 7 days after the season ends. The winner is the author of the Work with the most votes; in case of a tie, the curator chooses the winner.
2. 7.2.The prize is a three-month membership at S89 Fitness clubs. The prize cannot be exchanged for money and is handed over to the winner after authorship has been verified. To receive the prize, the winner provides their full name and IIN. Where required by the tax laws of the Republic of Kazakhstan, the Organiser acts as tax agent.
3. 7.3.The Organiser may cancel the voting results for a Work if vote manipulation is detected, and may cancel the prize if the Work violates section 2 or the warranties in section 3 — including after the prize has been awarded. In that case the Participant returns the prize or its value.
4. 7.4.If the winner does not get in touch within 14 days of the results being announced, the prize may be given to the author of the runner-up Work.

8. Personal data

1. 8.1.By sending a submission, the Participant consents to the Organiser collecting and processing their personal data — first and last name, city, phone number, social media profile and links, file metadata, IP address — for the purposes of running the Project, contacting the Participant, awarding the prize and publishing the author's name next to the Work.
2. 8.2.The name, city and Instagram profile are published together with the Work. The phone number is not published and is not shared with third parties, except as required by law.
3. 8.3.The data is stored for the term set out in clause 4.3 and for 1 year after it. Consent may be withdrawn by writing to art@s89fitness.kz; withdrawal of consent means leaving the Project.

9. Other terms

1. 9.1.The Organiser may amend these Terms by publishing a new version on this page. The new version applies to submissions sent after its publication.
2. 9.2.The Organiser may suspend or end the Project by announcing it on the Project website. The rights granted under section 4 remain in force for the set term.
3. 9.3.Disputes are resolved through negotiation and, failing agreement, in court at the Organiser's location in accordance with the laws of the Republic of Kazakhstan.
4. 9.4.The Organiser's contact for questions about the Project: art@s89fitness.kz.
5. 9.5.These Terms are drawn up in Russian and published with translations into Kazakh and English. In case of any discrepancy between the versions, the Russian text prevails.