2014 VGVN T-Shirt Design Contest Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN IN THIS CONTEST.  Void where prohibited by law.  Subject to all applicable federal, state, and local laws, regulations, and ordinances. 

The “2014 VGVN T-Shirt Design Contest” (the “Promotion”) will be held from 12:01 a.m. Eastern Daylight Saving Time (“EDT”) on April 29, 2014 to 5:00 PM EDT on May 9, 2014 (the “Promotion Period”).  This Promotion seeks submissions of creative logo designs that The Entertainment Software Association may select to use on clothing and/or other items.  

  1. ELIGIBILITY:  The Promotion is open only to legal United States residents (except residents of Puerto Rico) who are at least eighteen (18) years of age or older. Employees, officers, and directors of The Entertainment Software Association (“Sponsor”) and any of its affiliates, representatives, consultants, contractors, legal counsel, and advertising, public relations, promotional, fulfillment, and marketing agencies, and members of their immediate families (spouses, parents, children, siblings and their spouses, regardless of where they live) and those living in the same household are not eligible to enter or win.  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 Promotion.  Winning a prize is contingent on fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winner.  If required, entrants must obtain the consent or their employers to participate in the Promotion.
     
  2. SPONSOR:  The Entertainment Software Association, 575 7th Street, NW, Suite 300, Washington, DC 20004.
     
  3. HOW TO ENTER:  To enter, email your t-shirt design (the “Design Entry”) to Sponsor at the following address: [email protected].  The file for the Design Entry must be no more than 50 MB in size.  The Design Entry must incorporate the following: (1) either the words (a) Video Game Voters Network or (b) VGVN; AND (3) the website address www.VideoGameVoters.org. The Design Entry must be appropriate for the back of a navy blue t-shirt, which will also carry the VGVN logo design on the front left chest.  

    Design Entries must be original and cannot have been previously produced in any medium, or submitted in any other competition or contest.  Modification of an existing work does not qualify as original.  By entering, each entrant warrants and represents that his/her Design Entry is original, has not been previously published or won any award, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and will not violate any federal, state or local laws or ordinances.  Sponsor reserves the right in its sole and unfettered discretion to disqualify any Design Entry that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Promotion.  Design Entries will not be acknowledged or returned.
  4. SELECTION OF WINNER/WINNER NOTIFICATION AND VERIFICATION:  On or about May 12, 2014, one (1) winner will be selected from the eligible entrants’ Design Entries by a panel of judges based on the following criteria:  creativity (75%); clarity of execution (10%); and incorporation of the VGVN or Video Game Voters Network name and URL (15%). In the event of a tie, the tied entries will be re-judged based on creativity.  AN ENTRANT IS NOT A WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AS SET FORTH BELOW.  Potential winner will be notified by telephone, email, or mail within seven (7) days of the date of being selected as a potential winner.  Except where legally prohibited, potential winner must complete and return an affidavit of eligibility, liability/publicity release and release of intellectual property rights (the “Affidavit”) within fourteen (14) days of being notified.  If a potential winner fails to sign and return the Affidavit within the required time period, or is unavailable to accept the prize within the time period specified by Sponsor, that potential winner will be deemed to have forfeited the prize, and an alternate potential winner will be selected in his/her place in a random drawing from all eligible entries.  Noncompliance with the foregoing, failure to abide by these Official Rules, or return of the prize notification as non-deliverable may result in disqualification.
     
  5. PRIZE: One (1) Prize:  The Promotion winner will receive twenty-five (25) VGVN-branded t-shirts containing the winning design; Approximate Retail Value: $250.  Prize is not transferable and no substitution is allowed except in Sponsor’s sole discretion.  Prize may not be redeemed for cash.  Sponsor reserves the right to substitute prize of equal or greater value if the advertised prize (or portion of prize) is unavailable.  Winner is responsible for any loss of prize or portion of prize after it has been delivered. Sponsor will not replace any lost or stolen prize.  Any and all applicable federal, state and local taxes and all fees and expenses related to acceptance and use of the prize are the sole responsibility of winner.
     
  6. GENERAL CONDITIONS: This Promotion is governed by the laws of the United States.  Void in Puerto Rico, outside the United States, and where prohibited by law.  If, for any reason, the Promotion is not capable of running as planned, including due to tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor may, in its sole discretion, void any suspect entries and: (a) cancel or terminate the Promotion (or any portion thereof); (b) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prize from among the eligible, non-suspect, eligible entries received up to the time of impairment.

    WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION 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’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any entrant regarding this Promotion, except as expressly set forth in these Official Rules. 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, and/or the legitimate operation of the Promotion; 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. Entrants agree that Sponsor shall own the entries, which shall not be acknowledged or returned.
     
  7. RELEASE AND LIMITATIONS OF LIABILITY:  If you submit a Design Entry, you acknowledge that you assign to Sponsor and its subsidiaries and affiliates the entire right, title, and interest in and to all trademark, copyright, and other rights in your Design, including the right to sue for past infringement and the right to further sublicense the Design, for Sponsor’s sole and exclusive use on and in connection with the Items. You also acknowledge that you waive all “moral” rights that you may have in and to your Design.  Sponsor may use your Design in any manner, including, without limitation: reproducing the Design, selling items bearing the Design, changing or reworking the Design by making color or size changes, making derivative works of the Design, and using the Design on any Sponsor website and/or promotional material.  You acknowledge that you will make no use of the Design.

    You acknowledge that the Design you are assigning to Sponsor is your own original work, has not been previously published, and does not contain any trademarks, logos, copyrighted material, or any other intellectual property belonging to any third party, or any material, which Sponsor, in its sole discretion, deems to be profane or offensive. Sponsor may accept or reject the Design in its sole discretion for any reason, including, without limitation, its belief that the Design is profane or offensive.  You acknowledge that Sponsor reserves the right to decline to select a Design for consideration for any reason, including poor design.

    BY PARTICIPATING IN THIS PROMOTION, YOU AGREE THAT SPONSOR AND ITS AFFILIATES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLICATIONS, AND PROMOTIONAL, FULFILLMENT, AND MARKETING AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) 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 A PRIZE, ENTRY, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION RELATED ACTIVITY, 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. BY PARTICIPATING IN THIS PROMOTION, PARTICIPANTS AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) TO PERSONS.

    EXCEPT WHERE PROHIBITED BY LAW, YOU GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTIONAL 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, WITHOUT LIMITATION, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING WITHOUT LIMITATION HOMETOWN AND STATE), AND DESIGN 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. YOU AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO YOU OR ANY THIRD PARTY. 

    WITHOUT LIMITING THE FOREGOING, AND EXCEPT WHERE PROHIBITED BY LAW, EVERYTHING REGARDING THIS PROMOTION, INCLUDING PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, 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. DISPUTES:  Except where prohibited by law, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court in District of Columbia; (2) any and all claims, judgment, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; (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, 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 Promotion, shall be governed by, and construed in accordance with, the laws, regulations, and ordinances of District of Columbia, without giving effect to any choice of law or conflict of laws rules (whether of District of Columbia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than District of Columbia.
     
  9. PRIVACY: Information collected from entrants is subject to the Sponsor’s Privacy Policy, which can be found at http://www.theesa.com/privacy/index.asp.  Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives or service providers may use entrants’ personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest to them.  Sponsor will not sell personal information submitted with entry to outside solicitors.
     
  10. OFFICIAL RULES AND WINNER LIST: For a copy of the Official Rules and/or winner list, available for ninety (90) days after verification of winner, send a stamped, self-addressed envelope for receipt by August 1, 2014 to: Entertainment Software Association, Attention: Jeff Woodbury, 575 7th Street, NW, Suite 300, Washington, DC 20004.

The Entertainment Software Association shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein. Copyright © 2014 The Entertainment Software Association.  All rights reserved. VGVN and VIDEO GAME VOTERS NETWORK are trademarks and/or logos of The Entertainment Software Association.