Terms and Conditions
for The Order: 1886 Contest
Information on how to enter and prizes form part of these Terms and Conditions. Participation in this competition is deemed acceptance of these Terms and Conditions.
The Order 1886 Contest (the "Contest") commences at 6:00:00AM (AEST) on 27 January 2015 and ends at 11:59:59PM (AEST) on 8 February 2015 ("Promotion Period").
The Promoter of the Contest is Virtue Worldwide a division of Vice Media Inc Level 1, 230 Smith street, Collingwood, VIC 3066.("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 as of the date of his or her entry.
- Entrant must be at least 18 years old as of 27 January 2015 to be eligible to enter the Contest.
- 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 (the "Work") depicting an original version of either a gadget, outfit or weapon inspired by the game The Order 1886 (the "Game").
- The Work may originate in any medium but must be submitted in the form of single jpg or png file at least 2000 pixels in its shortest dimension.
- The Work may display multiple views or a single view of the object.
- The Work may not use graphic materials copied from the Game but may reference the graphic look and feel of the Game.
- The Work may not contain explanatory text; and, the judges will not consider explanatory text in the deviation description at the time of submission.
- 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 8 February 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;
- 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, other than as contained in the assets provided to Entrants at the Contest Site;
- 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:
- they 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 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 they 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 related to the Game including all design elements and visual elements referenced from the Game(collectively the "Marks"), if any, contained in the Work.
- Except as expressly required in these Official Rules, entrant may not use the Marks in any manner whatsoever in connection with the Work or otherwise without express prior written approval.
- 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 Sony Computer Entertainment 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.
- Sony Computer Entertainment may use, at its sole discretion, without any further payment and without seeking any separate permissions, the first, second and third place prize winning Works in a poster or print advertising campaign for the Game 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).
- 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 Work to be used to promote any other product or service other than Entrant's services to the extent it incorporates the Marks.
- All rights granted to Sponsors with respect to the Work under these Official Rules are non-exclusive rights.
- If you are a place winner, you grant the Promoter a license to use your Work (and to license others to use) your winning Work , name and likeness to promote and advertise all of any of the Contest, without royalty, payment or compensation to the Entrant. This license is a worldwide, royalty free license to use, copy, reproduce, display, communicate or broadcast in any form or medium.
- 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.
- The Sponsors agree not to use your Work, name or likeness in connection with any commercial tie-ups, merchandising or for the direct or indirect endorsement of any product or services except for the commercial and/or other sponsorship of the Contest or the Promoter.
3. SELECTION OF WINNERS:
This is a game of skill and chance plays no part in determining the winners.
DeviantArt staff will select thirteen (13) semi-finalists from all entries which comply with these terms and conditions (as determined by the Sponsors or their nominees in their sole discretion).
The thirteen (13) semi-finalists will be selected on the basis of:
- (i) Reflecting the Theme(s) of the Games
- (ii) Technical; Artistic and Creative Skill;
- (iii) Overall Impact of the Work
- ("Selection Criteria")
Only one entry per Entrant may be chosen as a semi-finalist entry.
The selection of the thirteen (13) semi-finalists based on the Selection Criteria will take place at 7095 Hollywood Blvd., #788, Hollywood, CA 90028 on or before 13 February 2015 by DeviantArt staff. The decisions by Sponsors are final and no correspondence will be entered into.
The thirteen (13) semi-finalists will be notified by email of being chosen as semi-finalists and their DeviantArt username will be published on the Contest Site.
From the thirteen (13) semi-finalists, 1st Place, 2nd Place and 3rd Place Prize Winners will be selected based on the best three semi-finalist entries.
The selection of the 1st Place, 2nd Place and 3rd Place Prize Winners will take place at a yet to be disclosed event on 17 February 2015 by a Representative of Sony Playstation Australia and announced at TBC on 17 February 2015.
1st Place, 2nd Place and 3rd Place Prize Winners will be notified by email within 3 days of being chosen as Winners and their DeviantArt username will be published on the Contest Site.
The judges' decisions are final on all matters relating to the Contest. In the event of a tie in any portion of the judging process, the judges themselves will resolve the tie to the appropriate number of semi-finalists or ranked winners as applicable. Judging of the winners will be based on the Selection Criteria in whatever proportions the judges may determine in their discretion with respect to any given entry.
There will be one (1) 1st Place Prize Package, one (1) 2nd Place Prize Package, one (1) 3rd Place Prize Package, and ten (10) Semi-finalist Prize Packages consisting of the following:
- 1st Place Prize Package: $3,000 AUD; PS4 Console, PS4 Version of The Order: 1886, and a One year Premium Membership to DeviantArt (Total Approximate Retail Value ("ARV") of 1st Place Prize: 3,736 AUD).
- 2nd Place Prize Package: PS4 Console, PS4 Version of The Order: 1886, and a One year Premium Membership to DeviantArt (Total Approximate Retail Value ("ARV") of 2nd Place Prize: 736 AUD).
- 3rd Place Prize Package: PS4 Console, PS4 Version of The Order: 1886, and a One year Premium Membership to DeviantArt (Total Approximate Retail Value ("ARV") of 3rd Place Prize: 736 AUD).
- Semi-finalists Prize Package: PS4 Version of The Order: 1886 and a six month Premium Membership to DeviantArt (Total Approximate Retail Value ("ARV") of Semi-Finalist Place Prize: 152 AUD).
Total ARV of all prizes: 6,728 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 semi-finalists and 1st, 2nd and 3rd Place Prize Winners will be notified by email and the prizes will be dispatched by mail or electronically as appropriate to the prize. Semi-finalists and Winners should allow approximately 14 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.
- 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.
- 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 Victoria, Australia.
- Nothing in these Terms and Conditions 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.
- Sponsors and judges not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant's e-mail account to receive e-mail messages.
- 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 use this 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.
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.
DeviantArt, Inc., 7095 Hollywood Blvd., #788, Hollywood, CA 90028
Virtue Worldwide a division of Vice Media Inc Level 1, 230 Smith street, Collingwood, VIC 3066
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 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.