The Adult Swim “How to Draw” T-Shirt Design Contest
HELP DESIGN A T-SHIRT FOR THE ADULT SWIM FESTIVAL!
NO PURCHASE NECESSARY TO ENTER OR WIN.
Message & Data Rates May Apply: If you choose to participate via a mobile device, message and data rates may apply based on your wireless carrier’s rate plan. Internet access may not be available from your wireless carrier, or in your area. Message and data rates may apply even if your use of a mobile device does not result in Contest entry.
1. ELIGIBILITY. The Adult Swim “How to Draw” T-Shirt Design Contest (“Contest”) is open to legal residents of (and who are physically present in) the 48 contiguous United States and the District of Columbia who are eighteen (18) years of age or older and at least the age of majority in their place of legal residence at the time of entry. The following are ineligible: employees and their spouses, immediate families (parent, child, sibling and any of their respective spouses) and household members of any of the foregoing (whether or not related) of The Cartoon Network, Inc. (“Sponsor”) and its parent, subsidiaries, distributors, cable affiliates and advertisers, (collectively, including Sponsor and The Coca-Cola Company (the "Contest Entities") and any person who has won a prize in any sweepstakes and/or contest conducted by Sponsor in the past six (6) months.
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. Void in Alaska, Hawaii, Puerto Rico, U.S. territories and possessions and where prohibited or restricted by law.
2. HOW TO ENTER: To enter the Contest, participants must (i) log on to the Contest website located at https://www.adultswim.com/footer/legal/tshirtcontest (“Contest Website”), (ii) read, accept and follow all terms and conditions of these Official Rules and the applicable privacy policy, (iii) follow the stated directions, and (iv) register and submit their T-Shirt Design as a Contest entry.
T-SHIRT DESIGNS MUST BE BASED ON AN ADULT SWIM THEME, SUCH AS OWLS, CATS, UNICORNS, ETC. WATCH “HOW TO DRAW” BETWEEN SEPTEMBER 16, 2019 AND OCTOBER 15, 2019 FOR HELPFUL TIPS AND IDEAS. ENTRANTS MAY ALSO VISIT ADULTSWIM.COM/TSHIRTCONTEST FOR OTHER INSPIRATIONAL IDEAS.
OTHER THAN THE ADULT SWIM NAME AND LOGO, DO NOT INCORPORATE ANY ADULT SWIM INTELLECTUAL PROPERTY, SUCH AS CHARACTERS OR ELEMENTS FROM ADULT SWIM OR LICENSED PROGRAMS, OR ANY THIRD PARTY INTELLECTUAL PROPERTY. WINNING T-SHIRT DESIGN WILL BE PRODUCED AND DISTRIBUTED BY ADULT SWIM ON A LIMITED BASIS TO ATTENDEES OF THE ADULT SWIM FESTIVAL IN LOS ANGELES, CALIFORNIA, NOVEMBER 15-16, 2019.
All entries must be received between 9:00:01 p.m. Eastern Time (“ET”) on September 16, 2019 and 8:59:59 a.m. ET on October 15, 2019 (“Entry Period”). Sponsor’s computer clock will be the official time keeper for this Contest. No other methods of entry will be accepted. Entries must be submitted in the name of an individual person, and prizes will only be awarded to the person whose name is on or correlates to each winning entry.
LIMIT: one (1) entry per person per calendar day.
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 Sponsor’s sweepstakes, contests or other promotions in the future, at Sponsor’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 (or, if none, the primary email address associated with the email identified, as applicable). The authorized account holder is deemed to be the natural person who is assigned to the email address associated with the email by the relevant entity responsible for assigning the email address for the relevant domain.
Failure to comply with the Official Rules 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, the T-Shirt Design must meet these entry requirements in addition to any other requirements set forth in these Official Rules.
· It must be original and cannot contain material that violates any law or infringes any third party’s rights;
· It must be created and submitted by an eligible individual who hereby acknowledges and agrees that the provision of any and all services in connection with the submission are not subject to the provisions of any collective bargaining or guild agreement;
· It must not be created or submitted by anyone 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;
· It cannot 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;
· It cannot depict or encourage illegal behavior (e.g., underage drinking, substance abuse, computer hacking, etc.), as determined in the sole discretion of the Sponsor;
· It cannot be offensive, threatening, profane, defamatory, discriminatory, harassing, inappropriate or otherwise objectionable, as determined by the Sponsor in their sole discretion.
· It cannot include website addresses, phone numbers, license plates or any other personally identifiable information for any individual or entity or otherwise violate the privacy rights of any individual or entity,
· It must otherwise comply with these Official Rules.
Participants who, in the sole discretion of Sponsor, submit an item that fails to meet any of these entry requirements will be disqualified.
4. PARTICIPANT REPRESENTATIONS & WARRANTIES; CONSENT TO USE NAME AND LIKENESS: By entering the Contest, each participant agrees that: (i) he/she consents to Sponsors’ use of his/her submission in the Contest in the manner set forth in these Official Rules; (ii) the submission cannot be used by participant (or others) for any commercial purposes whatsoever other than to enter this Contest; (iii) the submission has not been previously published by participant and does not violate or infringe on the rights or intellectual property of any third party or entity; (iv) the submission 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; (v) participant has read, accepted and agreed to be bound by all terms of these Official Rules and the privacy policy posted on the Contest Website; and (vii) participant may be contacted by email.
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 submission, in whole or part, on their respective websites in connection with the administration and fulfillment of the Contest (including without limitation, display on the Contest Website), and/or for advertising and promoting the Contest and/or the Contest Entities in any and all media, without additional notice, permission or compensation to participant.
5. OWNERSHIP/ USE OF ENTRIES:
Sponsor is granting participants, during the Entry Period only, a limited, revocable, non-transferable, non-sublicensable and non-exclusive license to use the Adult Swim name and logo (“Authorized Content”) solely in connection with the participant’s t-shirt design for submission in this Contest; Any use of the Authorized Content by the participants other than as expressly permitted in these Official Rules is unauthorized and constitutes a violation of these Official Rules.
Participants agree that Sponsor will own the winning submission (and all rights embodied therein) and that Sponsor and its designees, including the Contest Entities, may exploit, edit, modify, and distribute the winning submission and all elements of such submission, in any and all media now known or hereafter devised, worldwide, in perpetuity without additional compensation, permission or notification, or attribution to participant or any third party (except where prohibited by law), including, without limitation, on-air, online and on the Contest Website. Participants will not disseminate or otherwise submit the submission to any other entity or individual for publication or use of any nature. Sponsor reserve all rights not expressly granted herein.
6. JUDGING AND WINNER SELECTION:
On or around October 15, 2019, Sponsor will judge all eligible submissions using the following judging criteria: (i) creativity (25%); (ii) visual appeal (25%); (iii) interpretation of the Adult Swim theme (25%); and (iv) familiarity with and knowledge of the Adult Swim brand (collectively, the “Judging Criteria”).
One (1) winner (once verified and confirmed by Sponsor as set forth below, the “Winner”) will be selected by the Judges based upon the Judging Criteria. In the event of a tie, the Judges will determine the winner from among the tied entries based on the Judging Criteria. The potential Winner will be notified via email and must meet all eligibility requirements including the execution and return to Sponsor of all necessary releases and documents within the time specified below, unless otherwise indicated. Winner notification will occur on or around October 18, 2019.
Potential Winner must meet all eligibility requirements including the timely execution and return of all necessary releases and documents (including an affidavit of eligibility, liability release, tax acknowledgment form and, except where prohibited by law, a publicity release) within two (2) days of Sponsor issuing the notification that he/she is being considered as a potential Winner. Noncompliance within this time period or failure of potential Winner to respond after two (2) notification attempts may result in disqualification and, at Sponsor’s discretion, an alternate Winner may be selected. If (i) any prize or prize notification is returned as undeliverable, (ii) a potential Winner declines his or her prize, or (iii) 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.
Sponsor has the right to conduct a background check of any and all records of any Winner and his/her guest participating in Winner’s acceptance of the prize, including without limitation, civil and criminal court and police records. Sponsor may take all steps necessary to corroborate any information provided to Sponsor by the Winner and any applicable guest and each will be obligated to provide necessary information to assist Sponsor with the background check. If Winner and/or any applicable guests have been convicted of a felony or misdemeanor, charged with or accused of engaging in any activities involving moral turpitude, threats of or actual harm to anyone, or any other activity that conflicts with Sponsor’s image, Sponsor and reserves the right to disqualify Winner and select a new Winner.
The decisions of Sponsor and the Judges in all matters regarding this Contest are final and binding.
7. PRIZE: One (1) Winner will receive the following prize: (a) Two (2) passes to the Adult Swim Festival in Los Angeles, California, November 15-16, 2019 (the “Event”); (b) round trip coach class air transportation for two (2) from the major U.S. gateway airport nearest the Winner’s residence to the Los Angeles airport of Sponsor’s choice (the “Airport”); (c) roundtrip ground transportation between the Airport and Sponsor’s selected hotel in Los Angeles, California (the “Hotel”); (d) One (1) double occupancy standard accommodation at the Hotel for Winner and Guest for two (2) nights; (e) $250.00 for meals and other expenses; ; and (f) two (2) t-shirts bearing the Winner’s t-shirt design, plus a variety of Adult Swim-branded premium items. Actual value of the Prize may vary based on point of departure and airfare fluctuations. The Winner is responsible for all costs and expenses not expressly provided for above, including, without limitation, obtaining a passport or other documents necessary for travel, additional ground transportation, additional meals not served at Hotel, incidentals, tips, telephone calls, souvenirs, other personal expenses and hotel charges incurred during the trip. All travel arrangements must be made through Sponsor’s agent on a carrier of Sponsor’s choice so as to allow for arrival prior to the Event. Dates are subject to availability and certain black-out dates and other travel restrictions may apply. Sponsor reserves the right to approve any travel dates and trip must be taken during the travel dates. Sponsor is not responsible for any travel-related delays or cancellations.
Total ARV of the Prize is US Dollars (US $4,500.00).
No substitution or transfer of prize 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. Winner will receive an IRS 1099 form and will be required to sign documents acknowledging acceptance of the prize. Winner is responsible for the reporting and payment of any applicable federal, state and local taxes.
ALL PRIZES ARE PROVIDED “AS IS” and Sponsor makes no warranties, express or implied, in fact or in law, relative to the use or enjoyment of any prize, or any portion thereof, including, without limitation, its quality, merchantability or fitness for a particular purpose. Any and all warranties for a prize, or any portion thereof, are contained in the manufacturers’ or service providers’ warranties, as relevant.
8. INDEMNIFICATION AND LIMITATION OF LIABILITY: EACH ENTRANT AGREES TO RELEASE, DISCHARGE, HOLD HARMLESS AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, DAMAGES, DISABILITY, ATTORNEYS' FEES, AND COSTS OF LITIGATION AND SETTLEMENT, AS WELL AS ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE-RELATED OR CONTEST-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES (AS BETWEEN THE RELEASED PARTIES AND SUCH WINNER) THAT THE PRIZE WON IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
EACH ENTRANT AGREES THAT (I) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH PARTICIPATING IN THIS CONTEST, BUT IN NO EVENT ATTORNEYS’ FEES; AND (II) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ANY AND ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSE AND WAIVES ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. 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.”
9. GENERAL: The Released Parties and their respective employees, officers, directors, representatives and agents are not responsible for technical, hardware or software failures of any kind, lost or unavailable network, cable, satellite, Internet service provider, email 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 prize from among all eligible, non-suspect entries received up to the time of such action.
10. 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.
The Contest Entities and you (“Parties”) agree 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. You are responsible for any other costs that you 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. You may pursue your claim in small claims court where jurisdiction and venue over the Contest Entities is proper if your claim otherwise qualifies for such court and you do not seek any equitable relief.
The Parties agree that the Contest Entities and you 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 contract, Official Rules, Promotion 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 you assert against the Contest Entities’ or their advertisers or their respective present or future parent, subsidiary or affiliated companies.
11. 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 will otherwise be subject to Adult Swim’s Privacy Policy, which is available at https://www.adultswim.com/footer/legal/privacy.html.
12. OFFICIAL RULES OR WINNER’S LIST: For a copy of these Official Rules or the Winner’s Name (which should be available on or about November 16, 2019), send a self-addressed, stamped envelope (residents of VT need not include return postage) to the following address (please specify “Official Rules” or “Winners”): The Cartoon Network, Inc., Attn: Adult Swim Legal Dept. / Adult Swim “How to Draw” T-Shirt Design Contest, 1050 Techwood Drive NW, Atlanta, Georgia 30318. All requests must be received by December 16, 2019.
13. SPONSOR: The Cartoon Network, Inc., on behalf of its Adult Swim block of programming, 1050 Techwood Drive NW, Atlanta, GA 30318.
This Contest is not sponsored, endorsed or administered by, or associated with Twitter, Facebook, Instagram, YouTube or any other social media site where this Contest may be promoted. Any questions, comments or complaints regarding the Contest should be directed to Sponsor.
Ó 2019 The Cartoon Network, Inc. A WarnerMedia Company. All Rights Reserved.
ABBREVIATED OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. Contest begins 9/16/19 at 9:00:01 p.m. ET and ends on 10/15/19 at 8:59:59 a.m. ET. Open only to legal residents of the 48 Contiguous US and DC, age 18+. Other restrictions apply. See Official Rules, available at https://www.adultswim.com/footer/legal/tshirtcontest for more details. Void in Alaska, Hawaii and where prohibited. Sponsored by The Cartoon Network, Inc. on behalf of its Adult Swim block of programming.
