The WeChat Emoticon Sticker Challenge (the "Contest") begins at 12:00:00 AM (PT- Los Angeles Time) on May 28, 2014 and ends at 11:59:59 PM (PT- Los Angeles Time) on June 3, 2014 ("Promotion Period").
1. ENTRY ELIGIBILITY AND HOW TO ENTER:
- Entrant must be at least 18 years old as of May 28, 2014 to be eligible to enter the Contest and may reside anywhere in the world.
- 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 of deviantART, Entrant is not automatically entered into the Contest.
- To enter the Contest:
- Entrant must follow the instructions in the Creative Assignment found on the Contest Page and submit an emoticon sticker as an animated .GIF file (the "Work") and as instructed by the Creative Assignment.
- Each completed Work must be submitted to the Contest Gallery using the Submit Entry button available on the Contest Page.
- 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 (PT) on June 3, 2014.
- 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 Work:
- must be the Entrant's original work and may not use stock materials from others;
- must be in keeping with the image of the Sponsors;
- may not contain depictions of characters, symbols, titles, names, brand names, slogans or logos of any third party nor those of the Sponsors;
- may not be inappropriate, offensive, libellous 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 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;
- The Sponsors reserve the right, at any time, to verify the validity of entries 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. Failure by the Sponsors to enforce any of its rights at any stage does not constitute a waiver of those rights.
2. ENTRANT'S WARRANTIES, RIGHTS AND OBLIGATIONS:
- The entrant warrants and agrees that:
- Entrant will not submit any material including without limitation, the Work ("Content") that is unlawful or fraudulent or that may be in breach of any privacy, publicity, copyright or other rights, nor submit any Content which is 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 Work 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 includes a depiction of a natural person, the Entrant warrants that he/she has obtained permission from that individual to use his or her likeness as used for the purposes of the entry to 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.
- All Works submitted will remain the exclusive property of the Entrant, provided that:
- 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 WeChat International, Pte. Ltd ("WeChat") 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 and subject to the prohibition against commercial use, below.
- 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).
- The first, second and third place prize winning works will be used in connection with a direct advertisement for WeChat placed on deviantART as a home page billboard takeover. Entrant specifically consents to this use and understands that a winning Work may be adapted, altered or modified in any fashion for this use.
- All rights granted to Sponsors with respect to the Work under these Official Rules are non-exclusive rights.
- As a place winner, Entrant grants Sponsors a license to use his or her Work (and to license others to use the winning Work) and to use Entrant's name and likeness to promote and advertise all of any of the Contest, without additional 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 but only with reference to the Contest and its results.
- The Sponsors agree not to use any Entrant's Work, name or likeness in connection with any commercial sales of a Work, merchandising of a Work or for the direct or indirect endorsement of any product or services except as permitted by these Rules.
3. SELECTION OF WINNERS:
- This is a contest of skill and chance plays no part in determining the winners.
- Winners will be selected by WeChat staff ("judges") on the basis of (i) Orginality of the Emoticon Character (ii) Artistic and Technical Skill (iii) Sense of Fun, Action, and Engagement;
- The judges' decisions are final on all matters relating to judging the Contest. In the event of a tie in any portion of the judging process, the judges themselves will resolve the tie.
- After the submission window closes, the judges will select 25 semi-finalist artists who will be posted on deviantART.
- From the semi-finalists the judges will select three prize-winners within approximately seven days of the posting for the semi-finalists.
- The three winners will be announced by appearing one at a time and one per day on June 26, June 27, and June 28 in home page billboard takeovers and thereafter in a message center announcement on deviantART to all entrants.
- There will be three winners. Each of the three winners will receive:
- $1,000 U.S. dollars;
- Their winning Work included in a home page billboard takeover for one day with the Work linked to the Entrant's deviation page for the Work and the Entrant's name linked to his or her profile page on deviantART;
- Total ARV of all prizes: $3,000 USD. All prizes will be awarded (assuming sufficient number of entries). No other substitution or transfer of prizes permitted. Sponsors responsible only for prize delivery; not responsible for prize utility, quality or otherwise. Taxes and fees, if any, are the sole responsibility of prize winners.
- 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.
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.
- Employees or volunteers (and their immediate families) of deviantART and/or WeChat and agencies or parent companies associated with them 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.
- This Contest will be governed by the internal laws of the State of California. Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction within Los Angeles County, California.
- 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. 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 fulfilment. 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 regulatory authorities. If the Entrant does not provide personal information that is requested, the Entrant may be unable to participate in the Contest.
- By entering the Contest, the Entrant consents to this transfer of personal information.
- The Promoter will not use this information for promotional, marketing, publicity, research and profiling purposes. 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, verification and the announcement of winners.
deviantART, Inc., 7095 Hollywood Blvd., #788, Hollywood, CA 90028
WeChat International, Pte.Ltd.
10. QUESTIONS REGARDING THIS CONTEST:
Go to www.deviantart.com.
©2014 deviantART, Inc.
All trademarks are the property of their respective owners.
PLEASE NOTE: SPONSORS' TERMS OF SERVICE, SUBMISSION POLICY AND ETIQUETTE POLICIES APPLY TO ALL SUBMISSIONS TO THIS CONTEST. HOWEVER, 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.