THE MAKE UGLY CONTEST BEGINS AT 12:00:00 AM (PT - Los Angeles Time) ON MAY 13, 2013 AND ENDS AT 11:59:59 PM (PT - Los Angeles Time) ON JUNE 23, 2013 (THE "PROMOTION PERIOD").

  1. HOW TO ENTER:

    • Membership to www.deviantart.com (the "Contest Site") is required to enter the "MAKE UGLY" Contest (the "Contest"). Membership to www.deviantart.com is free. No purchase necessary to enter or win. Only entries from valid deviantART accounts will be accepted. If Entrant is already a registered member, Entrant is not automatically entered into the Contest.
    • Entrant must be at least 13 years old as of MAY 13, 2013 to be eligible to enter the Contest and must be resident of the United States, its territories or its military installations.
    • Contest is void where prohibited by law.
    • Entrant must follow the instructions on the Contest Site and submit an original artwork depicting Entrant's conception of his or her ugliest monster, giant, mutant or undead inspired by the "Fact Pack" available at the Contest Site.
    • The completed entry ("Work") may originate in any visual medium but must be submitted at the Contest Site as a single JPG or PNG file.
    • The completed entry may be a pre-existing artwork original to the Entrant or any adaptation of Entrant's pre-existing art.
    • The Work:
      • must be at least 2,000 pixels in the shortest length;
      • should be suitable to be made into a print;
      • may NOT contain a recognizable image of another living person other than the Entrant;
      • must be the Entrant's original work and may not use stock materials from others although licensed brushes and textures are acceptable as well as original assets from the Entrant's own work;
      • may not actually duplicate visual materials provided in the Asset Pack.
      • The Work must be in keeping with the image of deviantART and the American Legacy Foundation ("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 Sponsors in their 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 provided that the signature is capable of removal at the request of Sponsors if the entry is adapted for use by the Sponsors as a winning entry in accordance with these Rules; and, if found to be in violation of these Rules will be disqualified and therefore removed from the Contest Site Gallery.
    • Only online entries will be accepted. No hard copies of the entry will be accepted for judging. Do not submit original files or Works.
    • Special Note: All entries may be used by the American Legacy Foundation in connection with its advocacy role with regard to anti-smoking education subject to Section 2, below. Entrants are responsible for their submissions until used by the American Legacy Foundation.
    • ENTRIES MUST BE RECEIVED BY 11:59:59 PM (PT) JUNE 23, 2013. 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.

  2. ENTRANT'S RIGHTS:

    • All Works submitted will remain the exclusive property of the Entrant, provided that:
      • Entrant will not acquire any ownership or other interest in any and all trademarks, logos and other intellectual property of the American Legacy Foundation including truth®
      • 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 American Legacy Foundation, 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 Promotion Period, eligible Works may be used by American Legacy Foundation in social media and comparable settings in connection with its advocacy role with regard to anti-smoking education;
      • 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, third and fourth place prize winning Works in any form and media in connection with the promotion of their respective businesses or advocacy stances including uses in advertisements created by the American Legacy Foundation. By accepting the first, second, third or fourth place prize, the Entrant agrees not to license the winning Work for any commercial purpose to any third party during this 10 year period.
      • All Entrants will make themselves available to negotiate fairly and openly for the use of their respective Works by American Legacy Foundation upon such reasonable terms and for such reasonable purposes as the parties may agree in a subsequent writing; and
      • All rights granted to Sponsors with respect to the Work under these Official Rules are non-exclusive rights.

  3. SELECTION OF WINNERS:

    Potential winners will be selected on or about June 28, 2013, from all eligible and qualified entries. Forty (40) semi-finalists will be selected by full-time deviantART staff on the basis of (i) the fearsome ugliness of the monster, giant, mutant or undead depicted in the Work ; (ii) overall impact of the Work in communicating an aspect of the Fact Pack , (iii) technical and artistic skill; all in whatever degree the judges believe to be appropriate in reaching a decision. The 40 semi-finalists will be posted in advance of final judging. Only one entry per Entrant may be chosen as a semi-finalist entry. Semi-finalists will be chosen by a panel of deviantART staff members. The prize winning Works will be selected by Vitaly Alexius (alexiuss.deviantart.com) using the same criteria and methodology used in the selection of semi-finalists. 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. In the event Mr. Alexius becomes unavailable, a substitute Judge of similar stature will be used.

  4. PRIZES:

    There will be one 1st Place Prize Package, one 2nd Place Prize Package, one 3rd Place Prize Package, one 4th Place Prize Package and thirty-six (36) Semi-Finalists Packages awarded consisting of the following:

    1st Place Prize Package: $4,000 USD; 8,000 deviantART Points; an Apple iPad Mini (16 GB Wi-Fi); and a one year Premium Membership to deviantART (Total Approximate Retail Value ("ARV") of 1st Place Prize: $4,459.00 USD).

    2nd Place Prize Package: $2,000 USD; 4,000 deviantART Points; an Apple iPad Mini (16 GB Wi-Fi); and a six-month Premium Membership to deviantART (ARV of 2nd Place Prize Package: $2,395.00 USD).

    3rd Place Prize Package: $2,000 USD; 3,000 deviantART Points; an Apple iPad Mini (16 GB Wi-Fi); and a six-month Premium Membership to deviantART (ARV of 3rd Place Prize Package: $2,382.50 USD).

    4th Place Prize Package: $2,000 USD; 1,000 deviantART Points; an Apple iPad Mini (16 GB Wi-Fi); and a six-month Premium Membership to deviantART (ARV of 3rd Place Prize Package: $2,357.50 USD).

    Semi-Finalists Package: 1,000 deviantART Points; and a three-month Premium Membership to deviantART. 1st, 2nd, 3rd, and 4th Place Winners do not receive this package. (ARV of each Semi-Finalists Prize Package $20.50 USD).

    Total ARV of all prizes: $11,832.00 USD. All prizes will be awarded (assuming sufficient number of entries). Sponsor reserves right to substitute prizes of equal or greater value. No other substitution or transfer of prizes permitted. Sponsor 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. Actual retail value of prizes may vary due to market conditions at the time prizes are awarded. Sponsor will not replace any lost, mutilated or damaged prizes.

  5. ELIGIBILITY:

    Contest open to deviantART members residing in the United States, its territories and its possessions (including U.S. military installations located outside the United States) who are at least thirteen (13) years old as of May 13, 2013, except employees and volunteers (and their immediate families and members of the same household) of Sponsors and their respective affiliates, agents, judges and advertising and promotion agencies. There is no charge for deviantART membership.

  6. 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. First, second, third, and fourth place winners agree to Sponsors use of his/her name, address, likeness, and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law. Prize winning Entrants under the age of 18 may be required to obtain a parental consent in order to receive the appropriate prize package.

  7. GENERAL:

    This Contest is void where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations. This Contest will be governed by the internal laws of the State of California, USA. Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction within the State of California. 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. 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 Sponsors' 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. 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.

  8. 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.

  9. WINNERS LIST:

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

  10. SPONSORS:

    deviantART, Inc., 7095 Hollywood Blvd., #788, Hollywood, CA 90028 American Legacy Foundation, 1724 Massachusetts Ave. NW Washington D.C. 20036

  11. QUESTIONS REGARDING THIS CONTEST:

    Go to www.deviantart.com.
    © deviantART, Inc. 2013
    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. By clicking on the "Submit Entry" button below, you agree that you have read and understand, and agree to be bound by, the above Official Rules.

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