THE POSSIBILITIES OF VR ART CONTEST:
The Possibilities of VR Art Contest
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law. Subject to all federal, state, and local laws, regulations, and ordinances. Contest begins on August 7, 2017 at 12:00:01 a.m. Eastern Daylight Time (“ET”) and ends on August 25, 2017 at 11:59:59 p.m. ET (the “Contest Period”). Sponsor’s computer is the official time keeping device for this contest. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER, INC.
1. ELIGIBILITY: “THE POSSIBILITIES OF VR ART CONTEST” (THE “CONTEST”) IS OPEN TO ALL LEGAL U.S. RESIDENTS CURRENTLY RESIDING IN THE 50 UNITED STATES, INCLUDING THE DISTRICT OF COLUMBIA, WHO ARE OLDER THAN EIGHTEEN (18) YEARS OF AGE OR THE AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE, WHICHEVER IS OLDER, AS OF THE DATE OF ENTRY. EMPLOYEES, OFFICERS, AND DIRECTORS OF THE ENTERTAINMENT SOFTWARE ASSOCIATION (“SPONSOR”) OR ANY OF ITS PARENTS, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, SUPPLIERS, DISTRIBUTORS, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT, AND MARKETING AGENCIES, WEBSITE PROVIDERS, WEB MASTERS, OR ANY OTHER AGENCIES OR ENTITIES INVOLVED WITH THIS CONTEST (COLLECTIVELY, THE “CONTEST ENTITIES”), AND MEMBERS OF THEIR IMMEDIATE FAMILIES (DEFINED FOR THESE PURPOSES AS INCLUDING BIOLOGICAL PARENTS OR STEP-PARENTS, SPOUSES, PARENTS, SIBLINGS, CHILDREN OR SPOUSE OF ANY OF THE FOREGOING, REGARDLESS OF WHERE THEY LIVE) AND THOSE LIVING IN THE SAME HOUSEHOLD ARE NOT ELIGIBLE TO ENTER OR WIN. INFORMATION ON HOW TO ENTER AND PRIZES FORM PART OF THESE OFFICIAL RULES (“OFFICIAL RULES”). PARTICIPATION CONSTITUTES ENTRANT’S FULL AND UNCONDITIONAL AGREEMENT TO THESE OFFICIAL RULES AND TO SPONSOR’S DECISIONS, WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. WINNING A PRIZE IS CONTINGENT UPON FULFILLING ALL REQUIREMENTS SET FORTH HEREIN. ALL ENTRANTS MUST HAVE ACCESS TO THE INTERNET PRIOR TO THE START OF THE CONTEST. SPONSOR RESERVES THE RIGHT TO VERIFY THE ELIGIBILITY OF WINNERS.
2. Sponsor: Entertainment Software Association, 601 Massachusetts Avenue, NW, Suite 300 West, Washington, DC 20001.
3. How to Enter: To enter, during the Contest Period:
(1) Become a follower of Sponsor on www.twitter.com/VideoGameVoters (Sponsor’s Twitter account is @VideoGameVoters)
(2) Draw a 1-5 panel comic strip that represents your answer to the question “What Are the Possibilities of VR.”
(3) Submit your comic by taking a photo of it and sharing it on Twitter, mentioning @VideoGameVoters OR by visiting the Sponsor’s webpage (located at videogamevoters.org) and uploading your comic strip (.JPG format only) using the Contest upload widget on the page. Upon tagging @VideoGameVoters with your comic strip on Twitter or uploading your comic strip via the Sponsor website, you will automatically be entered with one (1) entry into the Contest.
Please note: There is a limit of one (1) entry per person/email address/social media account. You must be a member of Twitter in order to participate. Go to https://twitter.com/ to get a free Twitter account if you do not already have one. By entering this Contest, you signify and agree that your entry and any other materials submitted in connection with this Contest (together, your “Entry” or “Submission”) may be posted on Sponsor’s website and/or other social media sites or applications associated with the Contest in a manner that is consistent with these Official Rules. LIMIT ONE (1) ENTRY PER PERSON/EMAIL ADDRESS/SOCIAL MEDIA ACCOUNT. You must provide all required information to be eligible to enter and win and all information provided must be accurate; incomplete Entries and Entries with inaccurate information will be disqualified. Submission must have been created by the individual identified in the Submission. All potential winners are subject to verification before any prize will be awarded. All Submissions must comply with the Submission Requirements set forth below.
Any Entries submitted that do not meet specified requirements, or are not in an acceptable format, will be disqualified.
- MUST be in the English language.
- MUST be submitted via Twitter (tagging @VideoGameVoters) or via the Sponsor’s website (videogamevoters.org).
- MUST be viewable and accessible for at least thirty (30) days following the expiration of the Contest Period.
- MUST be submitted with the expectation that the comic strip will be made public.
- MUST be the entrant’s original idea (modification of an original work is not an original idea).
- MUST NOT contain material that is (or promote activities that are), in Sponsor’s sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation, or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group, or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words, or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the Entry is created in their application.
- MUST NOT contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement.
- Without limiting the foregoing, Submissions must not include third-party trademarks, logos, insignia, location signage, photographs, or artwork, except those of Sponsor.
- Without limiting the foregoing, Submissions MUST NOT include the mentioning of any copyrighted media production including but not limited to books, articles, or identifying descriptions of any media property.
- MUST NOT include reference to third parties, including but not limited to minors, celebrities, and friends, who have not expressly authorized entrant to reference their image or likeness in the Submission or otherwise use such images or likenesses in accordance with these Official Rules. Entrant must be prepared to provide signed third-party authorizations upon request.
By participating in this Contest, entrant acknowledges and agrees that Contest Entries are not based on any online social sharing interactions that reference the Contest. Entries are only obtained through the process described above. To the extent that entrant chooses to reference the Contest on social media, he/she shall include some hashtag or disclosure that identifies the post is associated with the Contest.
Entries that are not received by Sponsor for any reason will not be eligible and will be disqualified. Bulk, automated, and/or third-party Entries are prohibited and will be disqualified. Multiple entrants are not permitted to share the same email address or Twitter account. Any attempt by any entrant to obtain more than the stated number of plays and/or entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that entrant’s plays and/or entries, and that entrant may be disqualified at Sponsor’s discretion. In the event of a dispute as to any Entry, the authorized account holder of the email address associated with the pertinent Twitter account will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. All potential winners are subject to verification before any prize will be awarded. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.
By participating in this Contest, entrant acknowledges and agrees that he/she will clearly and conspicuously disclose that he/she is participating in this Contest in the Entry and any online social sharing interaction that references the Contest or that is used to obtain entries in connection with this Contest. At a minimum, the hashtag “#ESAContest,” “#VideoGameVotersContest,” “#Contestentry” or “#promoted” should be included in all social media communications sent pursuant to the Contest. Sponsor reserves the right to disqualify any participant who does not adequately disclose his or her participation in this Contest while engaging in any online social sharing interaction during the Contest Period.
4. Selection of winners: All Entries will be reviewed by Sponsor’s editorial panel to make certain the content complies with the Submission Requirements and any other applicable parameters set forth in these Official Rules. All Entries will be reviewed by a panel of three (3) judges, based on the following criteria: creativity (40%); originality (40%); faithfulness to assigned topic (20%). The Entry that receives the highest score from the judges will be deemed the winner and will be published on www.videogamevoters.org.
The potential prize winner will be notified by email on or about September 5, 2017. Except where legally prohibited, the potential winner must sign and return, within seven (7) days of being notified, a Declaration of Eligibility, Liability and Publicity Release in order to claim his/her prize. If the potential prize winner cannot be contacted in person via email after the first attempt to contact him/her, or if he/she fails to sign and return the Declaration of Eligibility, Liability and Publicity Release or any other legal document that may be required within the required time period, , or in the event the potential prize winner is disqualified for any reason, Sponsor will select the eligible Entry with the comic strip that received the next highest judged score as an alternate potential winner. Any alternate potential winner will also have seventy-two (72) hours to claim the prize, and must satisfy all eligibility requirements. Only one (1) alternate winner will be selected using the winner selection method described above, after which any remaining prizes will remain un-awarded. In case of a tie, Sponsor will determine the potential winner from among the tied entrants based solely on the Entry with the comic strip with the highest creativity score only. In the event that this tiebreaker method results in another tie, Sponsor will determine the potential winner from among the tied entrants based solely on the Entry with the comic strip with the highest originality score only, after which time any remaining prizes will remain un-awarded.
Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. BY ENTERING THIS CONTEST, EACH ENTRANT EXPLICITLY ACKNOWLEDGES AND AGREES THAT SPONSOR RESERVES THE RIGHT TO PUBLISH IN ANY MEDIA, INCLUDING ONLINE, ANY AND ALL CONTENT OF EACH SUBMISSION AND ENTRIES THAT ATTEMPT TO RESTRICT THIS RIGHT WILL NOT BE CONSIDERED.
5. Prize: One (1) prize will be awarded, consisting of a Sony PlayStation VR Headset, plus sales tax and shipping to one of the fifty United States, including the District of Columbia. Approximate Retail Value (“ARV”) of prize: $445.00 USD. Total ARV of prizes to be awarded: $445.00 USD. Guests must be at time of prize fulfillment the age of the majority in the jurisdiction in which he/she resides (and at least eighteen (18) years of age), and must complete and return a liability/publicity release prior to prize award).
Prize Restrictions: Limit one (1) prize per person, per household. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prizes, which are not specifically stated herein, are the sole responsibility of the individual prize winner. Sony PlayStation 4 system not included. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes. Prizes cannot be used in conjunction with any other Contest or offer. Only the number of prizes stated in these Official Rules is available to be won in the Contest. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
In the event the a prize winner engages in behavior that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the prize early with no further obligations or compensation whatsoever to prize winner (which may, in Sponsor’s sole discretion, result in such prize winner’s disqualification from the Contest and forfeiture of any (and/or all) prize(s)).
SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT ANY ASPECT OF PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.
6. General Conditions: Sponsor reserves the right to cancel, suspend, and/or modify the Contest, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website or social media platform associated with the Contest, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Contest is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and/or (a) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the judging criteria stated above.
7. Release and Limitations of Liability: By participating in this Contest, entrants agree that Sponsor, Twitter, and their affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. No more than the stated number of prizes will be awarded.
BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF THE INTERNET SITE www.videogamevoters.org OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING THE WEBSITE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. Publicity Release: EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND CONTEST AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLDWIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME OR TWITTER USERNAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
10. Disputes: This Contest is governed by the laws of the United States. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Columbia; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest not to exceed one hundred U.S. Dollars ($100.00), but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the District of Columbia, without giving effect to any choice of law or conflict of law rules (whether of the District of Columbia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the District of Columbia.
13. Nature of Relationship/Waiver of Equitable Relief: Each entrant understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submissions and/or each other in theme, idea, format, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submissions. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submissions or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submissions or any material based on or allegedly based on the Submissions, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
14. Official Rules and Winners List: For a copy of the Official Rules, visit www.videogamevoters.org or send a stamped, self-addressed envelope for receipt by August 25, 2017 to: ESA, 601 Massachusetts Avenue, NW, Suite 300 West, Washington, DC 20001. For a list of winner(s) available after September 5, 2017, send a stamped, self-addressed envelope for receipt to ESA, 601 Massachusetts Avenue, NW, Suite 300 West, Washington, DC 20001. VT residents may exclude return postage when requesting Official Rules.
Copyright ©2017 Entertainment Software Association. ENTERTAINMENT SOFTWARE ASSOCIATION®, ESA® and VIDEO GAME VOTERS NETWORK® are registered trademarks of Entertainment Software Association. All other trademarks used herein are the property of their respective owners in the United States and abroad. All rights reserved.
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