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NO PURCHASE IS NECESSARY TO WIN OR ENTER THE CONTEST

Information on how to enter and descriptions of the prizes form part of these Terms and Conditions.

Participation in this competition is deemed acceptance of these Terms and Conditions and Official Rules.

The Toshiba Seriously Japanese Contest (the "Contest") commences at 6:00:00AM (AEST) on 25 June 2015 and ends at 11:59:59PM (AEST) on 9 August 2015 ("Promotion Period").

The Promoter of the Contest is Toshiba (Australia) Pty. Limited, Building C, 12-24 Talavera Road, North Ryde NSW 2113 Australia ("Promoter").

Both the Promoter and DeviantArt, Inc., 7095 Hollywood Blvd., #788, Hollywood, CA 90028 are Sponsors of the Contest ("Sponsors").

  1. ENTRY ELIGIBILITY AND HOW TO ENTER:

    • Entrant must be a resident of Australia or New Zealand as of the date of his or her entry.

    • Entrant must be at least 13 years old as of 25 June 2015 to be eligible to enter the Contest.

    • Entrants under 18 years old must have parent/guardian approval to enter.

    • Contest is void where prohibited by law.

    • Membership to www.DeviantArt.com (the "Contest Site") is required to enter the Contest.

    • Membership to www.DeviantArt.com and entry into the Contest is free.

    • If Entrant is already a registered member, Entrant is not automatically entered into the Contest.

    • Employees or volunteers (and their immediate families) of the Sponsors and agencies associated with this Contest are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.

    • To Enter The Contest:

      • Entrant must follow the instructions on the Contest Site and submit a completed entry of an artwork (a “Work”) that illustrates how digital technology has changed our world merging modern Japanese graphic styles with one of the classic Japanese images provided at the Contest Site.

      • The Work may originate in any medium but must be submitted as a single Jpg or Png file.

    • Only online entries will be accepted. No hard copies of the entry will be accepted for judging. Do not submit original files or Works.

    • ENTRIES MUST BE RECEIVED within the Promotion Period and no later than 11:59:59 PM (AEST) on 9 August 2015.

    • No illegible, incomplete, forged or altered entries will be accepted.

    • Works will not be returned.

    • Entrants may enter as many Works as they like however duplicate entries are not allowed.

    • The Sponsors reserve the right, at any time, to verify the validity of entries and entrants (including an entrant's identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Sponsors' discretion. Failure by the Sponsors to enforce any of its rights at any stage does not constitute a waiver of those rights.

    • The Work:

      • must be the Entrant's original work made for the Contest and may not use stock materials from others although licensed brushes and textures are acceptable;

      • may not use any artwork originating from any other person with the sole exception of the three classic Japanese works provided at the Contest Site;

      • must be in keeping with the image of the Sponsors;

      • may not be inappropriate, offensive, libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized, as determined by the Sponsors in their sole discretion;

      • must not be harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way, as determined by the Sponsors in its sole discretion;

      • may not violate or encourage others to violate any applicable law, statute, ordinance or regulation;

      • may not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person's personal or property rights or any other third party rights, or involve physical harm to any person or animal;

      • may not contain verbal or visual mentions of commercial/corporate advertising, including but not limited to corporate logos, brand names, and slogans;

      • may not include any viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code or content that may harm or compromise the Contest Site and/or the proper conduct of the Contest;

      • may not use any watermarks but may contain a signature by the artist; and,

      • if found to be in violation of these rules will be disqualified and therefore removed from the Contest Site Gallery.

  2. ENTRANT'S WARRANTIES, RIGHTS AND OBLIGATIONS:

    • The entrant warrants and agrees that, without limitation:

      • He or she will not submit any material (including without limitation, the Work, images, answers to questions, posts or comments and whether on the Site or elsewhere in relation to this Competition or any entrant or entry) (Content) that is unlawful or fraudulent or that may be in breach of any privacy, publicity, or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, politically incorrect, violent, abusive, harassing, threatening, racist, ageist, sexist, objectionable with respect to religion, origin or gender, not suitable for children, or otherwise unsuitable for publication;

      • the entry submitted is an original artistic work of the entrant that does not infringe the copyright, trademark or other proprietary rights of any third party. If the entry or any part of the information provided by the entrant in relation to the entry was provided by a third party, the entrant warrants that he/she has obtained permission from the copyright owner to submit the entry for the purposes of this Contest. The entrant agrees to indemnify the Sponsors against all claims and costs by any third party arising from a breach of the warranty set out in this condition.

    • Entrants agree that:

      • The entrant is fully responsible for the Work and Content which he or she submit. The Sponsors may, in its sole discretion, determine whether an entry will be posted, or remain posted in the Contest gallery for this Contest. The Sponsors reserve the right to vet or remove any Work or Content at any time from the Contest Gallery in its absolute discretion. However, the Sponsors are not responsible for any Work or Content uploaded to the Contest Site and visitors to the Contest Site view it at their own risk. Notwithstanding any decision by the Sponsors to post Content on its websites, the terms and warranties set out in these terms and conditions continue to apply.

      • All Works submitted will remain the exclusive property of the Entrant, provided that:

      • The Entrant will not acquire any ownership or other interest in any and all trademarks, logos and other intellectual property of Toshiba, Inc.

      • During the Promotion Period, and for a period of five years thereafter, eligible Works submitted to the Contest may be posted at the Contest Site or otherwise displayed in selections made by Sponsors for displays on other websites including websites controlled by Toshiba, Inc, and in any form and media on or off the DeviantArt site, but only in connection with promotion of the Contest and/or with reference to the Contest.

      • During the ten (10) year period immediately following the Promotion Period (the "Display Period"), Sponsors may (but will not be obligated to) display the first, second and third place prize winning Works in any form and media in connection with the promotion of their respective businesses.

      • Sponsors may otherwise use the first, second and third place prize winning Works in such manner and upon such terms and conditions as the relevant Entrant may approve in writing (such approval not to be unreasonably withheld, delayed or conditioned).

      • Entrant may not authorize or permit any winning Work to be used to promote any product or service of any party other than Toshiba, Inc. and/or DeviantArt.

      • All rights granted to Sponsors with respect to the Work under these Official Rules are non-exclusive rights, under a worldwide, royalty free license from the Entrant to the Sposors to use, copy, reproduce, display, communicate or broadcast in any form or medium for the purposes set out in these Official Rules.

      • You may at any time notify the Sponsors that you do not wish for the Sponsors and others (who are licensed to do so) to use your Work, name or likeness as described above by calling (03) 9024 8000 during office hours.

  3. SELECTION OF WINNERS:

    This is a contest of skill; and chance plays no part in determining the winners.

    A representative of Toshiba will select the first, second and third place winning Works from all of the entries which comply with these terms and conditions (as determined by the Sponsors or their nominees in their sole discretion). The winning Works will be selected using the following criteria in whatever weight the Judge feels to be appropriate in the circumstances:

    1. Technical and Artistic Skill;

    2. Overall Impact of the Work; and

    3. Success in illustrating how digital technology has changed our world merging modern Japanese graphic styles with one of the classic Japanese images provided at the Contest Site

    Only one entry per Entrant may be chosen as a semi-finalist entry.

    The eligibility decisions by Sponsors are final and no correspondence will be entered into.

    The winners will be notified by email within 3 days of being chosen and their DeviantArt username will be published on the Contest Site.

    The selection of the 1st Place, 2nd Place and 3rd Place Prize Winners will take place at Building C, 12-24 Talavera Road, North Ryde NSW 2113 Australia after the close of the Promotion Period on or about 20 August 2015. The Judge’s decisions will be final on all matters relating to the determination of the winners of the Contest. In the event of a tie in any portion of the judging process, the judge will resolve the tie. Judging of the winners will be based on the Selection Criteria in whatever proportions the judge may determine in their discretion with respect to any given entry.

    In the event the Judge becomes unavailable for any reason, a judge of equally stature, association and ability will be chosen by Sponsors.

  4. PRIZES:

    There will be one (1) 1st Place Prize Package, one (1) 2nd Place Prize Package, one (1) 3rd Place Prize Package consisting of the following:

    1. 1st Place Prize Package: $5,000 AUD; Toshiba Z20T Laptop; and a six month Premium Membership to DeviantArt (Total Approximate Retail Value (“ARV”) of 1st Place Prize: 7,150.00 AUD).

    2. 2nd Place Prize Package: Toshiba Z20T Laptop; and a six month Premium Membership to DeviantArt (Total Approximate Retail Value (“ARV”) of 2nd Place Prize: 2,150.00 AUD).

    3. 3rd Place Prize Package: Toshiba Z20T Laptop; and a six month Premium Membership to DeviantArt (Total Approximate Retail Value (“ARV”) of 3rd Place Prize: 2,150.00 AUD).

    • All Prizes will be awarded (assuming sufficient number of entries).

    • Sponsors reserve right to substitute prizes of equal or greater value.

    • No other substitution or transfer of prizes permitted.

    • Taxes and fees, if any, are the sole responsibility of Prize Winners.

    • The Prize Winners will be notified by email and the prizes will be dispatched by mail or electronically as appropriate to the prize. Winners should allow approximately 30 days to receive their prize. The Sponsors and its associated agencies and companies will not be liable for any damage in transit to, or delay in transit of, any prize.

  5. VERIFICATION OF WINNERS AND DELIVERY OF PRIZES:

    Potential winners will, and other potential winners may, be required to sign an affidavit of eligibility and liability release and, where permitted, a publicity release (if under the age of 18, parents/guardians may be required to sign these documents together with an affirmation that the parent/guardian consents to these Terms and Conditions and will support the warranties and representations made by the winner as part of these Terms and Conditions).

    Prize may be forfeited if affidavit or releases are not returned within 14 days after mailing to potential winner or if prize notification letter or prize is returned as undeliverable.

  6. GENERAL:

    This Contest is void where prohibited or restricted by law and is subject to all applicable local laws and regulations.

    This Contest will be governed by the internal laws of Australia. Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction within Australia.

    Nothing in these Terms and Conditions and Official Rules limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Contest.

    Sponsors and judges not responsible for late, lost, stolen, damaged, garbled, incomplete, misaddressed, postage due, incorrect or misdirected entries, mail or communications, for errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices, or transmission lines or data corruption, theft, destruction, unauthorized access to or alteration of entry materials, loss or otherwise.

    To the extent permitted by law, Sponsors disclaim any liability for damage to any computer system resulting from participation in, or accessing, posting, uploading or downloading information in connection with, this Contest, and reserve the right, in their sole discretion, to modify, cancel, terminate or suspend this Contest should any virus, bug, technical failures, unauthorized human intervention or other causes beyond Sponsor's reasonable control corrupt or affect the administration, security, fairness or proper conduct of the Contest.

    In the event of any such cancellation, termination or suspension, a notice will be posted on the Contest Site and the winners will be selected from among all eligible entries received prior to such time.

    Sponsors reserve the right, in their sole discretion, to disqualify any entrant from this Contest or any other promotion conducted now or in the future by Sponsors or any of their affiliates if the entrant's fraud or misconduct adversely affects the integrity of the Contest. By participating in this Contest, each Entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the judges and warrants that s/he is eligible to participate in this Contest.

    To the extent permitted by law, by accepting a prize, winner agrees to release Sponsors and their respective directors, employees, officers, and agents, including without limitation, their advertising and promotion agencies, from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of the prize or participation in any prize-related activities.

    The Promoter may, as specified in these terms, collect personal information in order to conduct the Contest and to contact the Contest winners for prize fulfillment. The Promoter may, for these purposes, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. If the Entrant does not provide personal information that is requested, the Entrant may be unable to participate in the Contest.

    Personal information that is provided in connection with the Contest will be transferred outside Australia. In particular, personal information will be collected and held by DeviantArt, Inc. in the United States. By entering the Contest, the Entrant or, if they are under the age of 18, the parent or guardian of the Entrant consents to this transfer of personal information.

    The Promoter will not, unless consent is obtained including parental consent for those under the age of 18, use personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Generally speaking, entrants have a right to obtain access to personal information that is held by the Promoter. Entrants should direct any request to access, update or correct personal information held by the Promoter to the Promoter.

  7. CAUTION:

    ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

  8. WINNERS LIST:

    To obtain winner's list, go to www.DeviantArt.com. Winners list will be available after selection and verification of winners.

  9. SPONSORS:

    DeviantArt, Inc., 7095 Hollywood Blvd., #788, Hollywood, CA 90028

    Toshiba (Australia) Pty. Limited, Building C, 12-24 Talavera Road, North Ryde NSW 2113 Australia

  10. QUESTIONS REGARDING THIS CONTEST:

    Go to www.DeviantArt.com.

    © 2015 DeviantArt, Inc.

    All trademarks are the property of their respective owners.

    PLEASE NOTE: THESE TERMS AND CONDITIONS AND OFFICIAL RULES TAKE PRECEDENCE OVER ANY TERMS OR RIGHTS TO THE CONTRARY SET OUT IN DeviantArt'S TERMS OF SERVICE, SUBMISSION POLICY OR ETIQUETTE POLICIES AND ANY SELECTION OF A CREATIVE COMMONS LICENSE WITH RESPECT TO YOUR ENTRY WILL BE TREATED AS NULL AND VOID TO THE EXTENT NOT CONSISTENT WITH THESE OFFICIAL RULES.

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