NO PURCHASE NECESSARY TO ENTER OR WIN.
1. ELIGIBILITY: The Adult Swim Cosplay Contest (“Contest”) is open to legal residents of the United States and the District of Columbia who are at least eighteen (18) years of age and the age of majority in their jurisdiction at the time of entry. Employees, their spouses and immediate families (parent, child, sibling, and any of their respective spouses) and household members (whether or not related) of The Cartoon Network, Inc. (“Adult Swim”), the sponsor of this Contest, or its advertiser, Kellogg Company (“Kellogg”) (collectively, the "Contest Entities") are not eligible.
The Contest is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. By entering the Contest, participants agree to accept and be bound by all terms of these Official Rules and Regulations (“Official Rules”). Void where prohibited by law.
(“Contest Entry Period”). Sponsor’s computer clock will be the official time keeper for this Contest. From all eligible entries received, Adult Swim will select those who will appear in the Adult Swim live stream for the judging portion of the Contest, as specified in Section 5, below.
By registering for the Contest, each participant agrees that he/she (i) has read, accepted and followed all terms and conditions of these Official Rules and any other applicable terms and conditions, as well as the instructions for submission of a Contest entry set forth herein and as specified by Adult Swim at the Adult Swim Green; (ii) has completed any applicable entry form by providing the requested information; and (iii) has created an Adult Swim original character inspired costume.
LIMIT: one (1) entry per person.
Multiple entries received in violation of the above entry limitation, false or deceptive acts or entries, or entries generated by script, macro or other automated means will be void, will render a participant ineligible, and also may result in participant no longer being allowed to enter Adult Swim’s sweepstakes, contests or other promotions in the future, at Adult Swim’s sole discretion. Entries must be submitted in the name of an eligible living person and the prize can only be awarded to the person or e-mail account holder whose name is on or corresponds to the winning entry. The authorized account holder is deemed to be the natural person who is assigned to the email address associated with the submitted email account by the relevant entity responsible for assigning email addresses for the relevant domain.
Failure to comply with the Official Rules, the terms and conditions posted for online submissions and any other instructions for submission of an entry as available on the Contest Website, in the sole discretion and as determined by Sponsor, may result in disqualification of a participant’s entry(ies). All entries become the property of Sponsor and will not be acknowledged or returned.
3. SUBMISSION ENTRY REQUIREMENTS: To be eligible for this Contest, costumes must meet the below entry requirements.
· Costumes must be an Adult Swim original or Toonami character and created by the participant. Participants acknowledge and agree that Sponsor is granting participants only a limited, revocable, non-transferable, non-sublicensable and non-exclusive license to reference Adult Swim original and Toonami characters, their trademarks and copyrights solely for purposes of participating in the Contest and that participants shall have no right, title or interest in such characters or any derivative works thereof; any use of such characters by the participants other than as expressly permitted in these Official Rules will constitute a violation of these Official Rules. Sponsor reserves all rights not expressly granted herein.
· Participant must be an individual(s) who is 18 years of age or at least the age of majority in his or her state of residence;
· Participant must not be under a contractual, employment or other obligation to any other individual or entity to provide the types of materials solicited hereunder as a part of an exclusive obligation, first right of refusal, or other similar restriction;
· Costumes must not contain any third-party material (other than the Authorized Content, as defined below);
· Costumes should not be sexually explicit, pornographic, violent (e.g., relating to murder, weapons, cruelty, abuse, etc.), or depict tobacco or alcoholic products, as determined in the sole discretion of the Sponsor;
· Costumes should not depict or encourage illegal behavior (e.g., underage drinking, substance abuse, computer hacking, etc.), as determined in the sole discretion of the Sponsor;
· Costumes should not be offensive, threatening, profane, defamatory, discriminatory, harassing, inappropriate or otherwise objectionable, as determined by the Sponsor in their sole discretion.
· Costumes should not include website addresses, phone numbers, license plates or personally identifiable information for any individual or entity or otherwise violate the privacy rights of any individual or entity,
· Other than the Adult Swim original and Toonami content, costumes cannot include images or references to commercial products, third party trademarks, trade dress, logos or signage, or otherwise violate any law or infringe any third party’s rights, including without limitation, those concerning copyrights and trademarks.
Participants who, in the sole discretion of Sponsor, fail to meet any of these entry requirements may, in Sponsor’s sole discretion, be disqualified, or Sponsor may choose to edit the photos or videos to remove the problematic content and allow Participant to enter the Contest, in Sponsor’s sole discretion.
4. PARTICIPANT REPRESENTATIONS & WARRANTIES; CONSENT TO USE NAME AND LIKENESS: By entering the Contest, each participant agrees that: (i) he/she has submitted an original costume; (ii) the costume does not violate or infringe on the rights or intellectual property of any third party or entity; (iii) the costume does not defame or violate publicity rights or the privacy of any person, living or deceased, or otherwise violate or infringe upon any person’s personal or intellectual property rights or any other third party rights; (iv) that participant has read, accepted and agree to be bound by all terms of these Official Rules; (vi) to indemnify and hold the Released Parties (as defined in Section 8 below) harmless for any breach of these Official Rules; and (vii) to be contacted by Sponsor by mail, email, and/or phone.
Each participant further agrees that he/she hereby grants to the Contest Entities, jointly and severally, the perpetual, worldwide, transferable and royalty-free right to publicly exhibit participant’s name and likeness, including without limitation, the participant’s photos and videos, and all aspects of the performance embodied therein, in whole or part, in any and all media, in connection with the administration and fulfillment of the Contest , and/or for advertising and promoting the Contest, future Contests, the Adult Swim Network, Kellogg and its Pringles products, and the Contest Entities, without additional notice or compensation to participant.
5. LIVE STREAMING AND WINNER SELECTION: On or around 4:00 p.m. PT on July 24, 2020 all eligible participants who were previously selected by Adult Swim to participate in the judging portion of the Contest will appear on a live streamed segment of Adult Swim for exhibition via adultswim.com. One Grand Prize Winner (once verified and confirmed by Sponsor as set forth below, the “Grand Prize Winner”) will be selected by representatives of Adult Swim (the “Judges”) from among the top five (5) eligible finalists based upon the following judging criteria: (i) 25% creativity, (ii) 25% originality, (iii) 25% recognizability, and (iii) 25% fit with the Adult Swim sensibility (collectively, the “Judging Criteria”). In the event of a tie, an additional “tie-breaking” judge will be selected to determine the Winner from among the tied entries based on the Judging Criteria or a tie-breaking trivia question, in Sponsor’s sole discretion. Four (4) Runners-Up will be selected by the Judges using the Judging Criteria. Winners must meet all eligibility requirements including the timely execution and return of all necessary releases and documents (including, where applicable, an affidavit of eligibility, liability release, tax acknowledgment form and, except where prohibited by law, a publicity release). Noncompliance with these terms may result may result in disqualification and, at Adult Swim’s discretion, the selection of an alternate winner. If a potential Winner declines his or her prize, or a potential Winner fails to comply with any of the Official Rules as outlined herein, such potential Winner will be disqualified and an alternate Winner may be selected by the Judges, at Sponsor’s sole and absolute discretion.
6 PRIZE: One (1) Grand Prize Winner will receive an Adult Swim prize bag (ARV: $400.00) Three (3) Runners-Up will each receive an Adult Swim prize bag (ARV: $50.00 each). In addition, One (1) winner of the Rick and Morty category (the “RAM Winner”) will receive a Rick and Morty prize bag (ARV: $400.00).
The total approximate retail value (“ARV”) of all prizes is $950.00.
No substitution or transfer of prizes or cash redemptions permitted. Sponsor reserves the right to substitute any prize(s) with a prize(s) of like value in the event the advertised prize, or a portion thereof, is not available for any reason whatsoever. Winners may receive an IRS 1099 form and will be required to sign documents acknowledging acceptance of the Prize. Winners are responsible for the reporting and payment of any applicable federal, state and local taxes.
7. GENERAL: The Contest Entities and their respective employees, officers, directors, representatives and agents (collectively, the “Released Parties”) are not responsible for technical, hardware or software failures of any kind, lost or unavailable network, cable, satellite, Internet service provider, Instagram or Facebook service/availability, telephone, telephone lines or other connections, preemptions, blackouts or any other non-controllable acts concerning a television broadcast, or incorrect, incomplete, misdirected, undelivered, lost, late, garbled or stolen entries or computer transmissions, or other errors or problems of any kind which may limit or affect a person’s ability to participate in the Contest. In the event of sabotage, acts of God, terrorism, computer virus, worm, bug, or other events or causes beyond Sponsor’s reasonable control, which adversely affect the integrity, administration, security, proper operation or fulfillment of the Contest, Sponsor reserves the right to cancel, modify or suspend the Contest or fulfillment of the Contest (or any portion thereof). In the event of cancellation, modification or suspension, Sponsor reserves the right, at its sole discretion, to award the prizes from among all eligible, non-suspect entries received up to the time of such action.
8. RELEASE. THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY RESPONSIBILITY AND PARTICIPANTS AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS AND/OR LIABILITY FOR INJURY, DAMAGE OR LOSS TO ANY PERSON OR PROPERTY RELATING TO OR ARISING IN CONNECTION WITH PARTICIPATION IN THIS CONTEST (REGARDLESS OF THE CAUSE OF SUCH INJURY OR LOSS), THE DELIVERY AND/OR SUBSEQUENT USE OR MISUSE OF THE PRIZE AWARDED AND/OR PRINTING, DISTRIBUTION OR PRODUCTION ERRORS. PARTICIPANTS ACKNOWLEDGE THAT THE PRIZES ARE AWARDED “AS IS” AND THAT SPONSOR HAS NOT MADE, AND IS NOT IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN LAW OR IN FACT, RELATIVE TO THE PRIZE, INCLUDING, BUT NOT LIMITED TO ITS QUALITY, MECHANICAL CONDITION OR FITNESS FOR A PARTICULAR PURPOSE.
IT IS THE INTENT OF THE PARTIES HERETO FOR PARTICIPANT TO PROVIDE THE BROADEST RELEASE AND DISCHARGE OF LIABILITY POSSIBLE UNDER THE LAW IN ACCORDANCE WITH THE RELEASE SET FORTH ABOVE. TO THAT END, PARTICIPANT EXPRESSLY WAIVES AND RELINQUISH ANY AND ALL PROVISIONS, RIGHTS AND BENEFITS CONFERRED BY ANY LAW OF THE UNITED STATES OR OF ANY STATE OR TERRITORY OF THE UNITED STATES, OR PRINCIPLE OF COMMON LAW, WHICH IS SIMILAR, COMPARABLE OR EQUIVALENT TO § 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THE PARTIES FURTHER ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS RELEASE, AND WITHOUT SUCH WAIVER THE RELEASE WOULD NOT HAVE BEEN ENTERED INTO. PARTICIPANT FURTHER STATES THAT HE/SHE UNDERSTANDS AND ACKNOWLEDGES THE SIGNIFICANCE AND CONSEQUENCE OF THIS SPECIFIC WAIVER OF SECTION 1542.
9. ARBITRATION/CLASS ACTION WAIVER: PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT OR CLASS ACTION IN COURT. Participant agrees that these Official Rules affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. Any dispute/claim relating to this contract or its breach, the Official Rules or any prize awarded (“Claim”), that is not informally resolved within fifteen (15) days of notice, shall be finally resolved by arbitration in your state of residence. The arbitration will be administered by the AAA under its AAA Rules, will be conducted in English and by a single arbitrator, and any court with jurisdiction may enter judgment regarding the arbitrator’s award.
The Contest Entities will bear the cost of any arbitration filing fees and arbitration fees for claims of up to Seventy-Five Thousand US Dollars ($75,000 USD), unless the arbitrator determines that the arbitration is frivolous. Participant is responsible for any other costs that he or she may incur in the arbitration, including, attorney fees and expert witness costs, unless the Contest Entities are otherwise required to pay such costs under applicable law. Participant may pursue claims in small claims court where jurisdiction and venue over the Contest Entities is proper if a participant’s Claims otherwise qualify for such court and participant does not seek any equitable relief.
The parties agree that the Contest Entities and participant will resolve any Claim on an individual basis, and that any Claim will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding (“Class Proceeding”). The parties further agree that neither will participate in any current or future Class Proceeding brought by any third party relating to the Official Rules, the Contest or any prize.
If any court or arbitrator determines that the class action waiver is void or unenforceable or that arbitration may proceed on a class basis, then the relevant claim will not be subject to arbitration and must be litigated in federal court located in New York, New York.
The agreement to arbitrate and class action waiver also apply to any Claims participant asserts against the Contest Entities or their advertisers, or their respective present or future parent, subsidiary or affiliated companies.
If any provision herein is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.
10. PRIVACY NOTICE: By participating in this Contest, participants acknowledge and agree that any personally identifiable information submitted, such as email address, name and date of birth will be held and used by Sponsor solely to administer and fulfill this Contest and as otherwise set forth in these Official Rules.
11. OFFICIAL RULES OR WINNER’S LIST: For a copy of these Official Rules or the winner’s list (which should be available on or about July 24, 2020), send a self-addressed, stamped envelope (residents of VT need not include return postage) to the following address (please specify “Official Rules” or “Winners”): Adult Swim Costume Contest, 1050 Techwood Drive NW, 1000 Bldg EXE0302a, Atlanta, GA 30318. All requests must be received by October 22, 2020.
July 24, 2020
12. SPONSOR: The Cartoon Network, Inc., 1050 Techwood Drive NW, Atlanta, GA 30318.
This Contest is not sponsored or administered by Kellogg Company, Facebook, Instagram, YouTube or Twitter. Any questions or comments about the Contest should be directed to Sponsor, above.