STAR WARS: The Force Awakens Fan Art Contest
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. TUMBLR ACCOUNT IN GOOD STANDING REQUIRED. VOID WHERE PROHIBITED.
BY ENTERING THE PROMOTION, ENTRANT AGREES TO THESE OFFICIAL RULES.
1. SPONSOR: ABC, Inc. d/b/a Walt Disney Studios Motion Pictures, 500 South Buena Vista Street, Burbank, CA 91521 (“Sponsor”).
2. ADMINISTRATOR: Brandmovers Inc., 590 Means Street, Suite 250, Atlanta, GA 30318 (“Administrator”).
3. ENTRY PERIOD: The STAR WARS: The Force Awakens Fan Art Contest (the “Promotion” or “Contest”) begins on August 11, 2015 at 9:00:00 AM Pacific Time (“PT”) and ends at 11:59:59 PM PT on October 11, 2015 (the “Promotion Period”). Tumblr’s database clock will be the official timekeeper for this Promotion.
4. ELIGIBILITY: THE PROMOTION IS OPEN AND OFFERED ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA, WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR THE AGE OF MAJORITY IN THEIR STATE OF PRIMARY RESIDENCE (WHICHEVER IS OLDER) AND WHO HAVE A TUMBLR ACCOUNT IN GOOD STANDING. . Employees, officers, and directors of Sponsor, Administrator, Hewlett-Packard Company (“Prize Provider”), United States Fund for UNICEF, Gallery 1988 and each of their respective parent entities, subsidiaries and affiliated companies (collectively, “Promotion Entities”), advertising, promotion, or production agencies or partners (and their respective dependents, immediate family members, including children, spouse, parents, siblings and their respective spouses, regardless of where they reside, and individuals residing in their same household, whether or not related) are not eligible to participate or win. Professional artists who receive or have received compensation from his or her artistic activity (“Professional Artists”) are also not eligible to participate or win. Entry into the Promotion does not constitute entry into any other sweepstakes, contest or promotion. The Promotion shall be subject to all applicable federal, state, municipal, local laws and regulations and these Official Rules and by entering, all Entrants (as defined below) agree that they have read these Official Rules, the Tumblr terms and policies and agree to abide by and to be bound by the terms and conditions of the Official Rules, Tumblr terms and policies and the decisions of Sponsor, which shall be final and binding in all respects. False and/or deceptive entries or acts shall render Entrants ineligible.
5. HOW TO ENTER: To enter this Promotion, entrant (“Entrant”) must be a registered member/user of the Tumblr application or www.tumblr.com ("Tumblr"). Registration is free and can be obtained by downloading the Tumblr application to your phone or visiting the Promotion Website (listed below) and filling out the required information to obtain an account (an “Account”). Once a registered member on Tumblr, to enter, an Entrant must log into their Account during the Promotion Period and: (a) create a unique piece of Star Wars: Episode VII - The Force Awakens (the “Picture”) themed fan artwork in the form of a still image in jpg/jpeg or png format (“Artwork”), less than 10 MB in file size; (b) visit the Tumblr page located at: art-awakens.tumblr.com (“Promotion Website”); (c) locate the entry submission page on the Promotion Website; (d) upload the Artwork onto the entry submission page and tag their submission using #ArtAwakensContest and (e) “submit” the tagged Artwork on the Promotion Website (collectively, “Entry”).
Upon submission, Entrant will receive one (1) Entry into the Contest. All Entries must be submitted by 11:59:59 AM PT on October 11, 2015 to be eligible to participate in the Contest.
PLEASE NOTE: Only Star Wars: Episode VII - The Force Awakens themed Entries are eligible.
Entrants must set their privacy settings on their Tumblr Account to allow for messaging in order for their submission to constitute a valid Entry. Each Entry must consist of a piece of Artwork and be tagged with the pre-designated tag on the Entry submission page to constitute a complete Entry. Partial and incomplete Entries will be disqualified.
Regardless of whether a person has more than one (1) Tumblr account or more than one (1) person uses the same Tumblr account, Entries are limited to five (5) per person per Tumblr account per household for the duration of the Contest. Any attempts by an Entrant to submit more than five (5) Entries into the Contest will result in such Entrant being disqualified. Each of the five (5) Entries must include one (1) original and unique piece of fan artwork (i.e. multiple submissions of the same fan artwork will only be eligible and qualify as one (1) Entry into this Contest) pursuant to the terms and conditions provided herein.
Any attempt by any Entrant to enter by using multiple/different Tumblr Accounts, identities, registrations and logins, or any other methods will void all of that Entrant's Entries and that Entrant may be disqualified, at the sole and absolute discretion of Sponsor. Use of any automated system to participate is prohibited and may result in disqualification. Sponsor is not responsible for any lost, late, incomplete, invalid, unintelligible or misdirected Entry, which may be disqualified. In the event of a dispute regarding who submitted an Entry, the Entry will be deemed submitted by the authorized account holder of the Account from which the Entry was submitted. "Authorized account holder" is defined as the natural person who is assigned the e-mail address used to create the Tumblr Account, by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the registered e-mail address. No automatically generated Tumblr Entries will be accepted.
NOTE: File size must not exceed 10 MB. In the event the file size exceeds 10 MB, such Entry shall be disqualified.
6. ARTWORK REQUIREMENTS, RESTRICTIONS AND LICENSE (THE “ARTWORK GUIDELINES”)
a. Entrants agree to and understand that any Entry submitted by Entrant will be made available to the public, including without limitation, posting on the Internet. Whether or not the Entry is published on the Internet, Sponsor makes no representation or warranty regarding the confidentiality of any Entry.
b. Subject to section 6(c) below, each Entry must be created by Entrant and be an original creation of the submitting Entrant solely for purposes of this Contest and must be inspired by the Picture. The Entry must be under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Entry and each Entry must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees, represents and warrants that, nothing in the Entry infringes on any copyrights, confidential information, trade secrets, trademarks, or other intellectual property belonging to any person or entity other than the Entrant absent a suitable license, clearance or permission agreement (proof of which may be required upon submission), or violates any person’s rights of privacy or publicity and that all necessary releases and permissions have been secured from anyone appearing in the Entry or any person or entity with any rights in or to the Entry. Entrant agrees to indemnify and hold harmless Tumblr, the Promotion Entities and each of their respective officers, directors, employees, agents and subcontractors (collectively, the “Released Parties”), from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by Entrant of these Artwork Guidelines, Official Rules, Tumblr terms and policies or the warranties and representations made by Entrant herein. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Entrant’s original creation.
c. To the extent Sponsor authorizes Entrant to create, post, upload, distribute, publicly display or publicly perform user generated content (in this case, the Entry) that requires the use of Sponsor’s copyrighted works, Sponsor grants Entrant a non-exclusive license to create a derivative work (in this case, the Entry) using Sponsor’s copyrighted works as required for the purpose of creating the materials (in this case, the Entry), provided that such license shall be conditioned upon Entrant’s assignment to Sponsor of all rights in the work Entrant creates. If such rights are not assigned to Sponsor, Entrant’s license to create derivative works (in this case, the Entry) using Sponsor’s copyrighted works shall be null and void. For the avoidance of doubt and for the purposes of this Promotion “Sponsor copyrighted works” refers to images/materials from the Picture.
d. Without limiting section 6(c) above, by submitting the Entry and if said Entry does not contain Sponsor copyrighted works, the Entrant grants Sponsor, for no additional compensation other than participation in this Promotion and the opportunity to win a prize described herein, a perpetual, non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such Entry, in whole or in part, in all media formats and channels now known or hereafter devised (including on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to Entrant, with or without attribution, and without the requirement of permission from or payment to Entrant or any other person or entity. In addition, Entrant warrants that any so called “moral rights” in the Entry have been waived and Entrant acknowledges and agrees that Sponsor may use any ideas from any Entry, whether or not Entrant has been awarded a prize in connection with any such Entry.
e. Entrant agrees to release, defend, indemnify and hold harmless each of the Released Parties, from all claims, demands, and causes of action of any nature whatsoever which Entrant or Entrant’s heirs, representatives, executors, administrators, or any other persons acting on Entrant’s behalf or on behalf of Entrants’ estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by Entrant pursuant to these Artwork Guidelines; or (ii) based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Entry and any portion thereof, or the likeness of any natural person therein.
f. Entrants are responsible for securing necessary permissions, talent and location releases, and licenses for any material contained in the Entry.
7. ARTWORK CONTENT RESTRICTIONS (THE “ARTWORK CONTEST RESTRICTIONS”):
Artwork must not contain material that:
a. Contains any movement (i.e. GIFs or Cinemagraphs) or audio;
b. Contains or depicts illicit drugs, hard liquor or alcohol of any kind, tobacco, someone smoking, or someone under the influence of drugs or alcohol;
c. Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
d. Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e. Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor;
f. Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
g. References persons or organizations without their written permission other than that of Sponsor;
h. Disparages any persons or organizations;
i. Includes threats to any person, place, business, or group, or contains or depicts graphic violence or real world guns (such as firearms and bullets);
j. Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations;
k. Does not comply with the terms or conditions or guidelines posted by Tumblr.
l. Is otherwise inappropriate, objectionable, or unsuitable for the uses contemplated in these Official Rules, including for presentation in a public forum, as determined by Sponsor in its sole discretion.
Failure of any Entry to comply with the above “Artwork Guidelines” and “Artwork Content Restrictions,” as determined by Sponsor, in its sole discretion, may result in the non-display and disqualification of Entrant’s Entry. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Entry that, refers, depicts or in any way reflects negatively upon the Promotion Entities, the Picture or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. Entries shall not be acknowledged or returned. Artwork must be suitable for presentation in a public forum, in the sole determination of Sponsor.
8. WINNER SELECTION AND NOTIFICATION:
There will be five (5) Grand Prize Winners (the “Grand Prize Winners” and each a “Grand Prize Winner”) and from the five (5) Grand Prize Winners, one (1) Grand Prize Winner will be awarded the Bend The Rules Award (the “Bend The Rules Award Winner”). The judging committee will be comprised of employees and designees of Disney, Lucasfilm, ILM, and Prize Provider (the “Judges”).
From October 12, 2015-October 18, 2015, the Judges will judge all eligible Entries received during the Promotion Period to determine the Winners using the following judging criteria (“Judging Criteria”) and percentages: (a) Creativity(25%); (b) Relevance to the Star Wars: Episode VII - The Force Awakens theme (25%); (c) Aesthetic Appeal (25%); and (d) Originality (20%); and (e) Innovative Use of Technology (5%) (for example, but not limited to, Entries that are able to use technology to showcase art in different ways or to produce artwork with the use of technology that is unique). The Entries with the five (5) highest scores based on the Judging Criteria will be awarded a Grand Prize. If there is a tie in the score of any Entries, the Entry that scores the highest points in Creativity will be deemed the Winner for Grand Prize. If there is still a tie, the Entry that scores highest in Relevance to the Star Wars: Episode VII - The Force Awakens theme will be deemed the Winner for Grand. If there is still a tie, the Entry that scores highest in Aesthetic Appeal will be deemed the Winner for Grand Prize. And if there is still a tie, the Entry that scores highest in Originality will be deemed the Winner for Grand Prize. The decisions of the Judges shall be final.
From October 19, 2015-October 23, 2015, the five (5) potential Grand Prize Winners will be given the following question to answer: How did you push the boundaries of art by using technology in your creative process and how did you use materials in a non-traditional way to create your art? (the “Bend The Rules Questions”) On or about October 24, 2015 – October 28, 2015, the Judges will judge the answers, and the potential Grand Prize Winner with the highest points awarded for the answer to the question regarding the use of technology in your creative process will be deemed the “Bend the Rules Award Winner. If there is a tie or if no Grand Prize Winner used technology in their Entries, the answer that is awarded the highest points for the question regarding the use of materials in a non-traditional way will be deemed the “Bend the Rules Award Winner”. If Administrator, does not receive any answers by October 28, 2015 or such answers are off topic to the Bend The Rules Questions, then the Bend The Rules Award may not be awarded in Sponsor’s sole discretion. The “Grand Prize Winners” together with the “Bend the Rules Award Winner” shall collectively be referred to as the “Winners” and each a “Winner”.
The potential Grand Prize Winner(s) will receive a winner notification by Administrator or Sponsor via a message to their Tumblr Account (PLEASE NOTE: Messaging to the potential Winners’ Tumblr Account must be allowed for winner notification to be received). Notification will be sent on or about October 19, 2015. Potential Grand Prize Winners will be required to be in contact with Administrator and/or Sponsor, after receiving the initial notification within forty-eight (48) hours and to answer the Bend the Rules Questions by October 23, 2015, via a provided email address to begin the winner verification process and to answer the Bend the Rules Questions. Failure to email the provided email address within forty-eight (48) hours or the receipt of an undeliverable message or the non-compliance with these Official Rules will result in disqualification and an alternate potential Grand Prize Winner may be selected, time permitting. Failure to answer the Bend the Rules Question by October 23, 2015 will result in disqualification of such Grand Prize Winner for the Bend the Rules Questions, but will not result in disqualification of such Grand Prize Winner from receiving the Grand Prize so long as the potential Grand Prize Winner complies with all other terms and conditions as provided herein in order to be awarded the Grand Prize. On or about October 29, 2015, the potential Bend the Rules Prize Winner, will receive a winner notification by Administrator or Sponsor to such Prize Winner’s email or Tumblr Account. By accepting a prize, Winner acknowledges they are in compliance with these Official Rules.
THE POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY ADMINISTRATOR AND/OR SPONSOR. BY ENTERING THE PROMOTION, ENTRANTS FULLY AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR, WHICH WILL BE FINAL AND BINDING IN ALL MATTERS RELATING TO THE PROMOTION.
Verification of Potential Winners
In order to be confirmed as a Winner in this Promotion, and without limitation of any other terms herein, the potential Winner must provide satisfactory proof, as determined by Sponsor in its sole and absolute discretion, that such potential Winner is an eligible Entrant, including but not limited to providing a copy of the potential Winner’s government-issued identification and/or additional information required by Sponsor in order to verify eligibility and compliance with these Official Rules. Prize Winner will be required to sign and return to Administrator and/or Sponsor, within five (5) days of the date notice is sent, an affidavit of eligibility, and a liability/publicity release (except where prohibited), or such other documents as Sponsor deems necessary, in its sole discretion (collectively, “Prize Claim Documents”). If a potential Winner cannot be contacted or fails to sign and return the Prize Claim Documents within the required time period, potential Winner may be disqualified and may forfeit the Prize. In the event that the potential Winner is disqualified for any reason, Sponsor may award the Prize to an alternate Winner who scored the next highest score from among all remaining eligible entries, time permitting.
GRAND PRIZE (“Grand Prize”): Five (5) Grand Prize winners, will be awarded with one (1) Grand Prize. Each Grand Prize consists of a 4-Day/3-Night trip (the “Trip”) for each Grand Prize Winner and one (1) guest (“Guest”) to Los Angeles, CA to attend a gallery exhibition (the “Exhibition”) where their Artwork will be displayed along with other artwork inspired by the Picture and created by professional artists at Gallery 1988 on November 13-15, 2015 or such other date(s) as designated by Sponsor. Each Trip includes: (a) round-trip, coach-class air transportation for each Grand Prize Winner and Guest between a major airport nearest Winner’s residence and a Los Angeles area airport as selected by Sponsor; (b) accommodations for three (3) consecutive nights’ stay at a Los Angeles area hotel (one room, double occupancy) selected by Sponsor in its sole discretion; (c) up to two (2) admittance into the VIP opening night (November 13, 2015) of the Exhibition; (d) transfers to/from the hotel/event; and (e) a $400 gift card from financial institution selected by Sponsor. If any Grand Prize Winner resides within 250 miles of the Los Angeles area, such Grand Prize Winner and Guest will receive ground transportation in lieu of air transportation. Sponsor or Administrator will work with Winners to ship Artwork to the Show and to return it after the Show. Winners’ Artwork will not be available for sale at the Show.
Approximate Retail Value (“ARV”) for each Grand Prize: $3,750.00
Total ARV of Grand Prizes: $18,750.00.
ARV may vary from actual value, depending on date and point of departure and actual number of travel companions. Any difference between stated and actual value shall not be awarded.
The Bend The Rules Award Winner will receive an HP Notebook, the model and series to be selected in Prize Provider’s sole discretion (the “Bend the Rules Award Prize” and together with the Grand Prizes, each a “Prize” and collectively the “Prizes”) to help the Bend the Rules Award Winner to “Show your fun side and Bend the Rules of the force”. In connection with this award, the Prize Provider may invite the Bend The Rules Award Winner and his/her Artwork to be included in Prize Provider’s advertising and promotions of its Bend the Rules campaign and products and may require the Bend The Rules Award Winner to sign additional documents in connection with such advertising and promotions participation.
ARV for the Bend the Rules Award Prize: up to $700 (based on current product retail prices and includes shipping and handling).
Total ARV of All Prizes: $19,450.00.
10. PRIZE CONDITIONS:
By accepting the Prizes, the Winners agree to not sell, reproduce, or otherwise profit from the Artwork.
Sponsor bears no responsibility if any event, element or detail of any or all of the Prizes is canceled, postponed or becomes unavailable for any reason. Should any event, element or detail of any or all of the Prizes become unavailable, Sponsor shall have no obligation to the Winners. In the event the Grand Prize Winner and/or his/her Guest engage in behavior that (as determined by Sponsor in its sole discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the Trip or other applicable experience early. All Grand Prize-related travel arrangements will be administered by Sponsor’s authorized designee. Grand Prize travel is subject to capacity controls, availability, weather, seasonal influences, and certain other restrictions, all of which are subject to change.
Any difference between the estimated ARV and the actual value of any of the Prizes will not be awarded. Trip(s) must be taken between November 12, 2015 and November 15, 2015. Winner(s) and Guest(s) must travel on same itinerary. The Grand Prize Winner and Guest hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for any part of the Grand Prize. It is the responsibility of the Grand Prize Winner and his/her Guest to arrive at the designated gateway airport in time for each flight that is part of the Grand Prize.
Costs and expenses associated with Prize acceptance and use not specifically stated herein as being provided are the sole responsibility of the Winner, including but not limited to additional ground transportation, meals, drinks, laundry service, insurance, merchandise, parking fees, room service, service charges, souvenirs, spa services, telephone calls, tips, gratuities, and hotel fees or taxes. The Grand Prize Winner will be required to provide a major credit card upon hotel check-in and all in-room charges will be charged to the credit card. Any damage to the room attributed to the Grand Prize Winner and/or his/her Guest will be the responsibility of the Grand Prize Winner. Each Grand Prize Winner and his/her Guest will be required to provide a valid government issued photo ID at time of travel. Photo identification and credit card or cash deposit may be required at check-in for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Grand Prize).
Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers, certificates or prizes. The Grand Prize Winner and his/her Guest shall be subject to all terms and conditions printed on any ticket issued in conjunction with the Grand Prize. In the event the Grand Prize Winner and/or Guest(s) is denied entry into any ticketed location or is removed or barred from any ticketed location for any other reason, Sponsor is not responsible and no further compensation or award will be provided. Grand Prize cannot be used in conjunction with any other offer and airline tickets issued in conjunction with the Grand Prize are not eligible for frequent flyer miles. Once passengers are ticketed, an airline change fee must be paid by the Winner to change flights or dates of travel. Additional costs including, but not limited to, seat assignments, baggage fees, airport departure fees and taxes, etc. are determined by selected airline and will be the responsibility of the Winner. Any Guest that is a deemed a minor in the state of his/her residency must travel with his or her parent/legal guardian who must be the Winner. If the Winner chooses not to bring a guest on the Trip, the Trip will be awarded in increments suitable for the actual number of travelers with no substitute prize or compensation being provided to the Winner. Grand Prize is not redeemable for cash or transferable unless otherwise agreed to or determined by Sponsor in its sole discretion. A Winner may not charge his/her Guest for participating in the Trip. No substitution allowed except at Sponsor’s sole discretion, in which case a prize of equal or greater value may be substituted for any reason. Further, Sponsor reserves the right to forfeit or award any unclaimed or leftover Grand Prize at its sole discretion. Grand Prize elements may not be separated. Winner will be solely responsible for all other fees and expenses associated with receipt and use of the Grand Prize.
Sponsor is not responsible if the Prize, or any part thereof, cannot be awarded due to travel cancellations, delays or interruptions due to any acts of God, action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control, and shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same.
All taxes (including, without limitation, state and federal income taxes) and the reporting consequences thereof associated with the use and acceptance of any Prize is solely the responsibility of the Winner, who may receive an IRS Form 1099 reflecting Prize value (pursuant to applicable tax laws depending on Grand Prize value). The Prizes will be awarded provided they are validly claimed by October 31, 2015, after which no alternate Winners will be selected, nor unclaimed Prizes awarded.
Promotion Entities make no warranties, and hereby disclaims any and all warranties, express or implied, concerning the Prizes furnished in connection with the Promotion. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
11. Privacy Policies and Data Collections:
This Promotion is in no way sponsored, endorsed or administered by, or associated with Tumblr. Each Entrant participating in this Promotion is providing information to Sponsor and not to Tumblr. Tumblr is a registered trademark.
12. CONDITIONS OF PARTICIPATION:
By entering this Promotion and/or accepting the Prize you may win, you agree, represent and warrant that: [a] you will be bound by these Official Rules and the Sponsor’s decisions, which shall be final in all respects; [b] the Entry will not be acknowledged or returned; [c] you release and hold harmless the Released Parties from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the Prize; participation in the Promotion or any Promotion-related activity, or from any interaction with, computer information; [d] the Released Parties do not make any representation, warranty or guarantee, express or implied, relating to the Promotion or the Prize; [e] Winner’s acceptance of the Prize constitutes the grant to Sponsor and assignment of an unconditional right to use Winner's Entry, Tumblr handle, name, address (city and state only), voice, likeness, photograph, biographical and Prize information, statements about the Promotion and/or live and taped performances of interviews for any programming, publicity, advertising and Promotion purposes without additional compensation, except where prohibited by law; [f] in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor’s reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Promotion, so that it cannot be conducted as originally planned, Sponsor has the right, in its sole discretion, to modify the Official Rules or to cancel, modify, terminate or suspend the Promotion; and in such event, to select potential Winners by such method as Sponsor in its sole discretion shall consider equitable from all eligible Entries received prior to such termination or suspension; [g] the Released Parties are not responsible for typographical, human or other errors in the offer or administration of this Promotion, including but not limited to: errors in the advertising, Official Rules and selection and announcement of the Winners; [h] any portion of the Prize not accepted or used by a Winner will be forfeited; [i] the Released Parties are not responsible for any inability of a Winner to accept or use the Prize (or any portion thereof) for any reason; [j] Sponsor has the right to modify Prize award procedures at its sole discretion; [k] the Released Parties are not responsible for changes to the Tumblr functions that may interfere with the Promotion or the ability to timely enter; [l] Released Parties are not responsible for any failure of delivery of potential Winner notification; and [m] in connection with anything submitted by Entrant to Sponsor, whether or not solicited by Sponsor, Entrant agrees that creative ideas, suggestions or other materials submitted are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between Entrant and Sponsor in any way, and that Entrant has no expectation of review, compensation or consideration of any kind.
13. LIMITATIONS ON LIABILITY: Released Parties are not responsible for illegible, lost, late, damaged, destroyed, inaccurate, delayed, incomplete, postage due, unintelligible, non-delivered, misdirected, stolen Tumblr Entries; or for incomplete, inaccurate, lost, interrupted or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer on-line systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of Tumblr Entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind, whether human, technical, mechanical, electronic or network, including, without limitation, any errors which may occur in connection with the administration of the Promotion or in any Promotion-related materials; or for the incorrect or inaccurate capture of Entry or other information, or the failure to capture any such information. Persons who tamper with or abuse any aspect of the Promotion or Tumblr platform used, as solely determined by the Sponsor, will be disqualified (and all associated Tumblr Entries will be void), and Sponsor reserves the right to terminate such Entrant’s eligibility to participate in this or any other Promotion offered by Sponsor. Released Parties are not responsible for injury or damage to Entrants’ or to any other person’s computer, electronic device or mobile device related to or resulting from participating in this Promotion or downloading materials to or from Tumblr. Without limiting the release provided above, and for greater certainty, Released Parties will not be liable for (a) any incomplete or inaccurate information, whether caused by wireless device users or by any equipment or programming associated with or utilized in the Promotion, or by any technical or human error which may occur in the processing of Tumblr Entries; (b) the theft, destruction or unauthorized access to, or alteration of, Tumblr Entries; (c) any problems with or technical malfunctions of telephone networks or lines, computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (d) any failure of any message to be received by or from Sponsor for any reason including but not limited to traffic congestion on the Internet or wireless waves or at any website or combination thereof; or (e) damage to Entrant’s or other person’s system or equipment occasioned by participation in this Promotion.
14. DISPUTES: Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or the Prize awarded, other than those concerning the administration of the Promotion or the determination of Winner, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
15. OFFICIAL RULES/WINNER’S LIST: For an official Winner’s list (available after 11/2/15), or a copy of these Official Rules (before 10/11/15), send a self-addressed, stamped envelope to: Star Wars: The Force Awakens Fan Art Contest – WINNER’S LIST <OR> OFFICIAL RULES (please specify official Winner’s list or Official Rules), c/o Brandmovers Inc., 590 Means Street, Suite 250, Atlanta, GA 30318. Residents of Vermont may omit return postage on all requests. Official Rules may also be obtained during the Promotion Period at http://www.starwars.com/art-awakens-fan-art-official-rules.