1. ELIGIBILITY: The Genndy Tartakovsky’s Primal & Inktober Drawing Contest (“Contest”) is open to any human being at least eighteen (18) years of age, and the age of majority in their jurisdiction at the time of entry, except (a) residents of Russia, Iran, Iraq, North Korea or Venezuela, and (b) employees of The Cartoon Network, Inc. (“Adult Swim) or employees of Inktober (“Inktober”) (collectively, the "Contest Entities"), who are not eligible to win any prizes.
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.
2. HOW TO ENTER: Participants must enter the Contest by uploading an ink drawing on one of the four subjects called out on the Inktober Instagram feed’s custom prompt list, and tag it with the hashtags #primal_inktober and #inktober. All submissions must be on Instagram. To be eligible, all entry must be posted by the Wednesday following the prompt by 5pm Eastern Time (“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) prize per person, per week.
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.
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 submission to remove the problematic content and allow Participant to enter the Contest, in Sponsor’s sole discretion.
4. PARTICIPANT REPRESENTATIONS & WARRANTIES; CONSENT TO USE DRAWING AND LIKENESS: By entering the Contest, each participant agrees that: (i) he/she has submitted an original drawing; (ii) the drawing does not violate or infringe on the rights or intellectual property of any third party or entity; (iii) the drawing 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, and all drawings submitted in connection with this Contest, 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, and the Contest Entities, without additional notice or compensation to participant.
5. WINNER SELECTION: Each week for Four (4) weeks in October, Adult Swim will pick Ten (10) winners on the Friday following the Prompt, based upon the following judging criteria: (i) 33% creativity, (ii) 33% originality, and (iii) 34% consistency with the “Primal” or pre-historic sensibility (collectively, the “Judging Criteria”). Winners must meet all eligibility requirements including the timely response to Adult Swim notification as described below. 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, or fails to respond to Adult Swim’s request for an address to send the prized, or the potential winner lives in a country or region of the world where the prize may not be sent from the United States, 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: Each week in October, One (1) Grand Prize Winner will win One (1) custom Primal trophy (at a approximate retail value of $300 each) and Ten (10) Second Place Winners shall win a print signed by Genndy Tartakovsky (at a approximate retail value of $50 each) for a total of Forty Four (44) prizes.
The total approximate retail value of all prizes is $3,200.00
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. Prizes will be shipped to the Winners by December 15, 2020. If winner does not respond to Adult Swim’s notification, which shall be sent using Instagram DM, by December 1, 2020, their prize shall be forfeited and a different winner shall be selected. Adult Swim shall attempt to notify each potential winner two (2) times, afterwhich it shall have no further obligation to notify the potential winner, and may select a different winner. In the event Adult Swim has reason to believe that the customs authorities where the winner lives does not accept the prize, then Adult Swim shall have the right to grant the prize to another winner. Adult Swim reserves the right to not send the prize to a jurisdiction where it believes doing so is illegal or prohibited by any regulation.
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 December 1, 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 November 15, 2020.
12. SPONSOR: The Cartoon Network, Inc., 1050 Techwood Drive NW, Atlanta, GA 30318.
This Contest is not sponsored or administered by, Facebook, Instagram, YouTube or Twitter. Any questions or comments about the Contest should be directed to Sponsor, above.