THE DEVIANTART SWEEPSTAKES RULES

Day of The Deviant

THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, TWITTER, FACEBOOK, OR ANY OTHER SOCIAL MEDIA PLATFORM.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY. PURCHASE DOES NOT INCREASE CHANCES OF WINNING.
ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES

Important: Please read these "Day of the Deviant" Sweepstakes Rules ("Rules") before entering this Sweepstakes. By participating in these Sweepstakes, you agree to be bound by these Rules.

SPONSOR
This "Day of the Deviant" Sweepstakes is sponsored by DeviantArt Inc. (with its affiliated companies - "DA" or "Sponsor"), having its principal offices at 7111 Santa Monica Blvd, Ste B, PO Box 230, West Hollywood, CA 90046. This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with any social media platform.
ELIGIBILITY
The "Day of the Deviant" Sweepstakes (the "Sweepstakes") is open only to persons ("Participants") who (i) are legal residents and are physically located and reside in a jurisdiction in which this type of sweepstakes is permitted and does not require to be registered, excluding Quebec; and (ii) are at least thirteen (13) years of age, or have reached the age of majority in their respective jurisdiction. Employees of Sponsor, and its affiliates, advertising and promotion agencies, distributors and other prize suppliers, directors, officers, and each of their immediate family members and/or those living in the same household of each are not eligible to enter the Sweepstakes. Persons or entities who are (1) residents of or incorporated in US embargoed or sanctioned countries, or (2) ordinarily residing or operating in US embargoed or sanctioned countries, or (3) otherwise prohibited by applicable export controls and sanctions programs, are not eligible to participate in the Sweepstakes.
HOW TO PARTICIPATE
1. To enter the Sweepstakes, you are required to follow the requirements set forth on the Sweepstakes page (the "Page").
2. Upon fulfilling the above requirements, you shall be considered as having submitted an entry to the Sweepstakes ("Entry" or "Entries").
3. Participants may submit as many Entries as they want, but can win one (1) prize only.
4. You are not required to "like" or follow DA on any social media pages or to pay any entrance fee in order to participate in the Sweepstakes or to be eligible for a Prize (as defined below), and any such action or payment will not increase or improve your chances of winning.
5. SPONSOR RESERVES THE RIGHT TO DISQUALIFY FROM THE SWEEPSTAKES ANY ENTRY WHICH DOES NOT COMPLY WITH THESE RULES.
SELECTION OF WINNERS
1. The terms of the selection of the winners are set forth on the Page (the "Winners").
2. Sponsor reserves the right to refrain from issuing the Prize if there are insufficient valid Entries that meet the criteria or comply with these Rules.
ODDS
Odds of winning will depend upon the total number of eligible entries received.
PRIZE
1. Each Winner of the Sweepstakes will be awarded the prize as set forth on the Page (the "Prize"). The Prize will be granted to each Winner upon the conclusion of the drawing, subject to Winners' compliance with Sponsor's instructions.
2. The Prize is non-transferable, with no additional equivalents or substitutions redemptions except at Sponsor's sole and absolute discretion. All Prize details not specified in these Rules, will be determined in Sponsor's sole and absolute discretion.
3. The Prize is awarded "AS IS" and without warranty of any kind, express or implied, by operation of law or otherwise. Sponsor and Released Parties (as defined below) expressly disclaim all implied warranties of performance, quality, merchantability and fitness for a particular purpose.
4. Sponsor reserves the right to substitute the Prize (or any portion thereof) with a prize of comparable or greater value in its sole and absolute discretion.
5. Without derogating from the generality of the above, any failure by a Winner to claim and collect their Prize (including without limitation the failure of Sponsor to reach the Winner in order to coordinate the Prize details, the failure of a Winner to execute any document requested by Sponsor or to otherwise cooperate with Sponsor as required, or for any other reason whatsoever at Sponsor's reasonable discretion), shall not result in any liability to the Sponsor. Under the aforementioned circumstances, Sponsor reserves the right to refuse to provide the Prize to the Winner.
6. Sponsor may conduct a background check to confirm any potential winner's eligibility and compliance with these Rules. By entering, you agree to cooperate reasonably with any such background check.
WINNERS NOTIFICATIONS AND PRIZE CLAIMING
1. Sponsor may announce the potential Winners to the public as set forth on the Page.
2. The potential winners will be required to comply with all further instructions provided by Sponsor within the timeframe specified in such message. Non-compliance within any indicated time period may result in disqualification and an alternate potential winner may be selected (as described in Section ‎7 above) or the respective Prize may be forfeited, at Sponsor's discretion. Sponsor assumes no responsibility for undeliverable notifications for any reason whatsoever, for any unread notifications, and the return of any notification as undeliverable may result in disqualification of the Entry and selection of an alternate potential winner.
3. Sponsor has complete discretion over interpretation of the Rules and administration of the Sweepstakes.
4. The potential winners may be required to submit a notarized affidavit of eligibility / release of liability / prize acceptance agreement (the "Prize Acceptance Agreement"), and return same within the time period specified at notification before being eligible to receive their Prize. If a potential winner fails to timely submit a Prize Acceptance Agreement, their Entry may be disqualified at Sponsor's sole and absolute discretion and an alternate potential winner may be selected.
PRIVACY AND SWEEPSTAKES COMMUNICATIONS
1. Except as specifically stated herein, your participation and the personal information collected from you during the Sweepstakes are subject to Sponsor's Privacy Policy which can be found at: https://www.deviantart.com/about/policy/privacy/.
2. In addition, by entering this Sweepstakes, you understand that Sponsor may use your personal information (including email address) for administration of the Sweepstakes and the fulfillment of the Prizes. You expressly consent to the use of your information by Sponsor for such purposes.
ENTRY LICENSE AND RELEASE
1. By participating in the Sweepstakes, you grant DA a non-exclusive license and right to use your Entry details for any purpose related to this Sweepstakes and to contact you on any platform in connection with the Sweepstakes, without the need for any additional approval or consent from you. The foregoing license is only in addition to and shall not derogate from any other license you grant Sponsor with respect to your Entry.
INTELLECTUAL PROPERTY
The Sweepstakes Rules, the Sweepstakes related web pages and content created by Sponsor or on behalf of Sponsor, are the property of the Sponsor. The copying or use of any of those materials, associated trademarks or any other intellectual property without the express written consent of its owner is strictly prohibited.
RELEASE
1. By participating in the Sweepstakes, you agree to release and hold harmless in perpetuity the Sponsor and any other relevant social media platform, and each of their respective parents, subsidiaries, affiliates, agents, distributors, suppliers, licensors, licensees, representatives, attorneys, producers, advertising and promotion agencies, and any other relevant social media platform and each of their directors, officers, employees, agents, successors and assigns (collectively – the "Released Parties"), from any claims, demands, liability, costs, losses, damages or injuries of any kind arising out of or related directly or indirectly to your participation in the Sweepstakes.
2. You agree that the Released Parties: (i) have neither made nor will be responsible for any warranty, express or implied, in connection with the Sweepstakes (including the Prize); (ii) will not be responsible or liable for any injury that may be caused by the wrongful act of any other person or entity, including Sweepstakes Participants, and by any cause whatsoever beyond the control of the Released Parties, and (iii) will not be responsible for lost, late, stolen, garbled, delayed, undelivered, or misdirected entries, for incorrect, inaccurate or incomplete entries whether caused by a Participant, equipment, or technical malfunction or for any human error, technical error or malfunctions.
3. You agree that Released Parties are not responsible for any technical, computer, network, typographical, printing, human or other errors relating to or in connection with this Sweepstakes.
4. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network, cable, satellite, wireless, Internet Service Provider (ISP) or lines, computer systems, servers, providers, computer equipment, software, malfunctions of wireless devices, wireless service problems, cellular tower equipment, including any injury or damage to Participant's or any other person's computer related to or resulting from participation in this Sweepstakes.
5. You further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state, province or territory of the United States or of Canada that may be applicable are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
YOUR REPRESENTATIONS, WARRANTIES AND INDEMNITY
By submitting an Entry into the Sweepstakes you represent, warrant, undertake and agree that:
1. You have read, understood and undertaken to fully comply with these Rules.
2. You have the right and the legal standing to agree to and be bound by these Rules and to register to the Sweepstakes.
3. You agree to indemnify, hold harmless and fully release the Released Parties from any and all claims, demands, losses, promises, causes of action and/or liabilities for any injuries, losses, death, or damages of any kind caused, directly or indirectly, in whole or in part by your participation in, or preparation for, the Sweepstakes, your Entry, or resulting from the acceptance, possession, quality, use of a Prize (or any portion thereof) including any activity related thereto. You also agree to indemnify and hold the Released Parties harmless from and against any third party claim, to the extent relating to any breach of any representation, warranty or covenant made by you in your acceptance of these Rules.
4. You are solely responsible for your Entry and the consequences of Sponsor using or publishing such Entry as stipulated herein.
5. The Entry was taken or created by you and you own all rights and title, to comply with the Rules and enable Sponsor, to use it as indicated in these Rules.
6. Your Entry does not and will not infringe any rights of privacy, ownership, publicity or other intellectual property or other rights of any person or entity.
7. Should you win a Prize in the Sweepstakes:
  1. You undertake to fully cooperate with Sponsor and provide information which Sponsor may need in connection with the Sweepstakes.
  2. You undertake to provide Sponsor with additional details relating to your Entry, as shall be reasonably requested by the Sponsor.
8. Should you win a Prize in the Sweepstakes, you agree to be solely responsible for all federal, state and/or local applicable taxes according to the laws and regulations applicable in your place of residence, and for any other fees, costs and other arrangements associated with a Prize which are not explicitly referred to herein. You may be required to provide Sponsor with a valid social security number, tax identification number or any other identification details, before a Prize will be awarded for tax reporting purposes. An IRS Form 1099 or equivalent may be issued in your name for the actual value of the Prize received.
SUSPENSION / MODIFICATION / TERMINATION
1. If Sponsor is prevented from continuing with the Sweepstakes by any event or cause beyond its control, e.g., events of nature, interference by humans, non-humans or entities unrelated to Sponsor, and/or acts of government (each a "Force Majeure" event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Sweepstakes. Additionally, Sponsor shall have the right to suspend, modify or terminate the Sweepstakes as may be reasonably required in order to comply with these Rules and any applicable law.
2. If the Sweepstakes is terminated as described above, the Sponsor, in its sole and absolute discretion, may conduct an alternative selection of winners in order to select winners from all eligible Entries received prior to termination.
TAMPERING
1. Sponsor will disqualify any individual that attempts to tamper with or undermine the legitimate operation of the Sweepstakes and reserves the right to seek damages (including attorneys' fees) and other remedies from any such individual to the fullest extent permitted by law.
2. Any attempt to deliberately undermine the legitimate operation of this Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Sponsor will disqualify any participant responsible for the attempt, and Sponsor and/or its agents reserve the right to seek damages (including attorneys' fees) and other remedies from any person or persons responsible for the attempt to the fullest extent permitted by law.
GOVERNING LAW / LIMITATION OF LIABILITY
1. All issues arising out of or relating to the Sweepstakes and these Rules, whether in contract or tort, shall be governed exclusively by, and construed in accordance with, the laws of New York, without giving effect to any choice of law or conflict of law rules that would cause the application of any other state's laws.
2. BY ENTERING THE SWEEPSTAKES, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY CLAIMS WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
3. YOU UNDERSTAND AND AGREE THAT PARTICIPATION IN THIS SWEEPSTAKES IS AT YOUR OWN DISCRETION AND RISK. YOU UNDERSTAND THAT SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF ANY ELEMENT OF THIS SWEEPSTAKES OR THE PRIZE AWARDS. SPONSOR AND ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE SWEEPSTAKES.
MANDATORY ARBITRATION / NO CLASS RELIEF
To the fullest extent permissible by law, with the exception of disputes pertaining to Sponsor's intellectual property rights, ANY DISPUTE BETWEEN YOU AND SPONSOR RELATING TO THE SWEEPSTAKES SHALL BE REFERRED TO AND FINALLY RESOLVED THROUGH BINDING ARBITRATION ADMINISTERED BY JAMS UNDER THE JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES ON AN INDIVIDUAL BASIS WITH NO CLASS RELIEF. This clause shall be construed as a "written agreement to arbitrate" pursuant to the Federal Arbitration Act.
NAMES OF WINNERS / RULES REQUESTS
To receive the name of the Winners, send a stamped self-addressed envelope to: "Sweepstakes Winners List", 7111 Santa Monica Blvd, Ste B, PO Box 230, West Hollywood, CA 90046. Please indicate which Sweepstakes Winner you are requesting (i.e., the name of the Sweepstakes). For a copy of these Rules, send a legal-size, self-addressed, stamped envelope to: "Sweepstakes Official Rules", 7111 Santa Monica Blvd, Ste B, PO Box 230, West Hollywood, CA 90046 prior to the end of the Entry Date. Please indicate which Sweepstakes Official Rules you are requesting (i.e., the name of the Sweepstakes). Vermont residents may omit return postage with Rules requests.
MISCELLANEOUS
1. At the request of the Sponsor (in particular, in the event of suspicion of violation of the Rules or the law of the respective territory) Participant must provide a copy of a passport for identification, age confirmation and the reliability of the information provided with the Entry.
2. The invalidity of any provision of these Rules will not affect the validity of any other provision. In the event that any provision of the Rules is determined to be unenforceable, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid provision was not contained here.
3. Sponsor's failure to enforce any term of these Rules will not constitute a waiver.
4. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives are not responsible for any typographical or other errors in the administration of the Sweepstakes, including, but not limited to, errors in any printing or posting of these Rules, the selection and announcement of any winner, or the distribution of any prize.
5. You agree to waive any rights to claim ambiguity of these Rules.
6. Headings are solely for convenience and will not be deemed to affect the meaning of this document.
7. By entering the Sweepstakes, you accept and agree to DA's Terms of Service and acknowledge that the personal information collected from Participants during the Contest is subject to DA's Privacy Policy, and undertake to comply with any and all applicable federal, state and local laws, rules and regulations.
8. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, Sponsor's Privacy Policy and/or the terms and conditions of the Rules, the Rules shall prevail, govern and control.