Official Rules – Arteza CONtest Promotion
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN AND WILL NOT INCREASE THE ODDS OF WINNING. VOID WHERE PROHIBITED BY LAW.
By entering or otherwise participating in this Promotion (“Promotion”), sponsored by Arteza, Inc. (“Sponsor”), you agree to be bound fully and unconditionally by these Official Rules (“Rules”) and to Sponsor’s decisions, which are final and binding in all matters related to the Promotion.
This Promotion is in no way sponsored, endorsed, administered by or associated with Instagram. By entering the Promotion, you agree to release and hold harmless Instagram from any and all claims arising out of or related to this Promotion.
This Promotion is open to any person who:
(a) is at least eighteen (18) years of age or older at the time of any entry with a valid government issued photo identification;
(b) is a legal resident of the 50 United States, D.C., or the UK;
(b) Submits an Entry by: (i) creating your own comic art incorporating the Arteza logo using any Arteza medium: colored pencils, brush pens, art markers, acrylic paint, watercolor paint, etc.; and (ii) posts his or her original art on Instagram including in the comment to the post the disclosure #ArtezaCONtest and a description of his or her Arteza artwork and why he or she created the work. All information provided in an Entry must be in the English language.
Submit an Alternate Method of Entry (“AMOE”) to the Contest by emailing your artwork to firstname.lastname@example.org and providing the entrants’ name, valid email address, include the above hashtag and description, and affirmation of agreement to be bound by these Rules.
Only one entry allowed per eligible natural person during the Promotion Period.
Employees, officers, and directors of Sponsor or any affiliate of Sponsor including any brand or any licensor or licensee of Sponsor, along with any immediate family members or individuals who share the same household, whether legally related or otherwise, are not eligible to enter the Promotion or win the Prize. For the purpose of this Promotion, immediate family members are defined as spouses, partners, parents, legal guardians, siblings, in-laws, grandparents, children, and grandchildren. Further, for the purpose of this eligibility requirement of the Promotion, any roommates or housemates are considered to share the same household.
2. Promotion Period and Drawing of Winner
The Promotion starts at 9:00 am Eastern Standard Time on July 23, 2021 and ends at 5:00 pm Eastern Standard Time on August 18, 2021 (“Promotion Period”). Sponsor’s computer is the official time keeping device for this Promotion. Entries must be submitted between 9:00 am Eastern Standard Time on July 23, 2021 and ending at 10:00 am Eastern Standard Time on August 16, 2021 (“Promotion Submission Period”). Three (3) qualifiers will be chosen by Sponsor from all eligible entries, including those submitted through the AMOE process, based on originality and creativity and Sponsor will post to Sponsor’s Instagram the three (3) qualifiers’ submissions for public voting. Public voting, which should be done through liking a post, will begin at 3:00 pm Eastern Standard Time on August 16, 2021 and will end at 9:00 am Eastern Standard Time on August 18, 2021 (“Promotion Voting Period”). At the end of the Promotion Period, three (3) prizes will be awarded to the three (3) qualifiers in the following manner: First (1st) place prize going to the qualifier entry with the most votes collected during the Promotion Voting Period, second (2nd) place prize going to the qualifier entry with the second most votes collected during the Promotion Voting Period, and third (3rd) place prize going to the qualifier entry with the third most votes collected during the Promotion Voting Period (“Prize Winner(s)”).
The Promotion Prize Winners will receive: for first (1st) place, package of Arteza® arts and crafts supplies valued at $300.00; second (2nd) place, package of Arteza® arts and crafts supplies valued at $200.00; and third (3rd) place, package of Arteza® arts and crafts supplies valued at $100.00 (“Prize(s)”). A Prize is not transferrable or assignable to any third party. Prizes will not be paid out in cash directly to Prize Winners. If a winner is deemed not eligible, Sponsor will select an alternate winner based on the same criteria as above.
The Prize Winners will be announced on Sponsor’s Instagram account @artezaofficial on August 18, 2021 at 5:00 pm Eastern Standard Time.
The Prize Winners each have 24 hours to affirm his or her acceptance of the Prize and demonstrate eligibility to win the Prize. The Prize Winners must contact Sponsor through (i) direct message via Instagram or (ii) sending an email to email@example.com. In accepting the Prizes, the Prize Winners agree to be bound by these Rules, and to allow Sponsor, and its respective affiliated entities, to use the Prize Winners’ names, likenesses, and other identifying information for promotional purposes to the extent allowable by law, and to use the winners’ names, likenesses, and states or regions for identifying each Prize Winner.
Each Prize is awarded “as is” and without any warranty of any kind, express or implied.
Each Prize Winner will be solely responsible for all federal, state, and/or local taxes, or for other fees or costs associated with the Prize or the entrant’s receipt of the Prize. Each Prize Winner may be required to provide Sponsor with a valid social security number before a prize is awarded for tax reporting purposes.
4. Operation of Promotion
The decision of Sponsor as to the selection and eligibility of potential winners will be at the Sponsor’s sole discretion and is final.
5. Odds of Winning
The odds of winning will vary depending on the number of total eligible entries received.
6. Publicity, Waivers, Disclaimers, and Releases
Subject to applicable law, Prize Winner irrevocably grants the Sponsor, and its licensees, successors, assigns, and sub-licensees, the right and permission to use his or her Entry to the Promotion (including any text, photographs, or other content), his or her name, address, and general and biographical information about the person including a photo for advertising, promotional, and/or publicity purposes in connection with this Promotion or other similar marketing initiatives of the Sponsor, in all forms of media and by all manners (now or hereafter known), worldwide, in perpetuity, and without any obligation to provide notice, royalties, or consideration beyond the awarding of the Prize to the winner, unless otherwise precluded by law.
By submitting an Entry, Entrant represent and warrant that he or she owns all intellectual property rights in the content including ownership of any copyright and that the content does not violate the rights to publicity, copyright, trademark or other rights of any other person or entity; that any third party featured in the content is over the age of 18 or is a person for whom you have the rights such as your children; and that you have the legal right to use such content in your Entry.
Entrants including Prize Winners agree that Sponsor has permission and a license, worldwide, perpetually, on a royalty-free basis the right to repost or utilize all entries to the Promotion for its own marketing and promotional purposes in any manner Sponsor chooses.
By participating in this Promotion, each entrant agrees to release, discharge, indemnify, and hold harmless Sponsor, its affiliates, and each of its respective licensees, brands, directors, officers, employees, agents, advisors, successors, and assigns from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines, or injuries (up to and including bodily injury and death) of any kind arising out of or related to i) the entrant’s participation in the Promotion; ii) any acceptance, possession, misuse, or use of the Prize; iii) any alleged violation of the rights of publicity or privacy, claims of defamation or portrayal in a false light; iv) any error or limitation, whether intentional or unintentional, that causes the entrant to be unable to fully participate in the Promotion; and v) any typographical, technical, electronic, human, or other error in the printing, offering, selection, operation, transcription of registration or entries, or announcement of any Promotion related activity and/or Prize.
Sponsor’s failure to enforce any term of these Rules will not constitute a waiver of that provision or bar the Sponsor from enforcing that term in the future. Entrant waives any right it may have to claim ambiguity of these Rules or any advantage or effect on interpretation that may arise from any such claim.
If the Sponsor, at its sole discretion, determines that an entrant has or intends to take any action or inaction that is designed to or has the effect of allowing the entrant to cheat, obtain an unfair advantage, to circumvent the Rules, or otherwise interfere in the administration, security, fairness, integrity, or proper conduct of the Promotion (“Cheating”), the Sponsor may disqualify the entrant from the Promotion as well as other existing or future Promotion that may be offered by Sponsor in the future. Any winner or potential winner determined by Sponsor, at its sole discretion, to have been engaged in or attempted Cheating will be immediately disqualified and will forfeit any right to a prize or be obligated to refund the prize to Sponsor if already awarded.
Sponsor reserves the right, in its sole discretion, to disqualify any Entrant who Sponsor determines is inconsistent with the values of Sponsor and its brand including but not limited to individuals who through speech, social media posting, or actions condone, engage in or promote discrimination, violence, obscenity, hate speech, defamation or libel, degrading or demeaning any group or persons based on race, religion, disability, ethnic background, sexual orientation, or sex.
8. Privacy and Protection of Personal Information
9. Governing Law and Limitation of Liability
ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: 1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION OR AWARD, AND EXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT LOCATED WITHIN THE STATE OF FLORIDA LOCATED IN MIAMI-DADE COUNTY; 2) ANY AND ALL CLAIMS, JUDGMENTS, SETTLEMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED $500 USD, BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHT TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGE, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES, IF ANY, OR ANY RIGHT TO HAVE ANY DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND 4) ENTRANT’S REMEDIES WILL BE LIMITED SOLELY TO A CLAIM FOR MONEY DAMAGES, IF ANY, AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. WHERE SUCH EXCLUSIONS ARE NOT PERMITTED BY LAW, THEY DO NOT APPLY.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these 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 of the State of Florida, without giving effect to any choice of law or conflict of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
Sponsor is not responsible for lost, late, unreadable, incomplete, damaged, stolen or misdirected entries; lost, interrupted, or unavailable network, server or other connections; miscommunications, computer or software malfunctions; transmission problems; technical failures; garbled transmissions; damage to user’s software or transmission devices; or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of submission will not be deemed to be proof of receipt by Sponsor. Once submitted, no entry can be returned or confirmed. All entries once submitted become the property of Sponsor.
10. Dispute Resolution
The parties agree to finally settle all disputes arising out of or related to this Promotion only on an individual (not class) basis through arbitration which decision and award (if any) are final and binding with limited exceptions provided by law. The arbitration shall be administered by the American Arbitration Association, and the arbitrator shall be selected according to the rules following service of a demand for arbitration.
11. Sponsor Contact
Sponsor Contact: Arteza, Inc., located at 1801 NE 123rd Street, Suite 400, North Miami, Florida 33181 or firstname.lastname@example.org. Sponsor will not confirm receipt of entries or provide general information about the Promotion that is provided in these Official Rules.
12. Winner List
To obtain a copy of the Prize Winners’ names, mail your request along with a stamped, self-addressed envelope to Sponsor at the address above. Requests must be received no later than September 18, 2021.