OFFICIAL CONTEST RULES
- NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND DOES NOT IMPROVE YOUR CHANCES OF WINNING.
- VOID IN BRAZIL, ITALY, QUEBEC, AND WHERE PROHIBITED, TAXED OR RESTRICTED BY LAW OR INTERNATIONAL PUBLIC POLICY OR WHERE REGISTRATION, FILING OR NOTICE REQUIREMENTS MAY EXIST.
Please read these rules before entering the contest (the “Contest”). By entering and participating in the Contest, you (or, if you are a minor/below the age of majority in your place of residence, your parent or legal guardian on your behalf) agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements set forth below.
1. How to Enter. During the Contest Period (defined below), entrants must visit Sponsor’s Contest webpage (the “Contest Page”) and follow all directions for entry.
2. Submissions. All entry information shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Submissions must comply with the Guidelines and Restrictions defined below.
By providing a Submission, entrant hereby grants Sponsor a worldwide, irrevocable, perpetual (or for the duration of protection of the rights where perpetuity is void), fully paid-up, and royalty-free right and license to use, reproduce, modify, publish, distribute, and display such Submission in whole or in part, with or without identification of the entrant or any authors of the Submission, in whatever form and in whatever circumstances Sponsor sees fit, and to incorporate it into other works, in any form, media or technology now known or later developed but for Colombian, Greek and Spanish participants, in any medium known at the time when such rights were granted, for any promotional or marketing purposes and entrant consents to Sponsor doing (or omitting to do) any acts in respect of the Submission which may otherwise constitute an infringement of the entrant’s moral rights, to the fullest extent permitted by law.
Entrants are not permitted to submit a Submission more than once during the Contest Period. Duplicate Submissions or multiple Submissions by the same person will be subject to disqualification. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email accounts, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.
3. Disclaimer. Sponsor will not be responsible for (a) any late, lost, misrouted, garbled or distorted, inaccurate, incomplete or damaged transmissions or entries, if not directly caused by the gross negligence or willful misconduct of Sponsor; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures, if not directly caused by the gross negligence or willful misconduct of Sponsor; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Sponsor; or (d) any printing or typographical errors in any materials associated with the Contest.
Receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest. Entrants must comply with the applicable laws, decrees, regulations and guidelines of their eligible jurisdiction and Sponsor will have no obligation to change or modify any of these Official Rules or take any further action as a result of such laws, decrees, regulations or guidelines of any eligible jurisdiction, except as is otherwise provided in these Official Rules.
4. Contest Entry Start/End Dates. The Contest begins and ends during the “Contest Period” provided on Sponsor’s Contest Page.
5. Eligibility. Participation open only to legal residents of (i.e., entrants who have a registered address in) the eligible jurisdictions (as set forth on the Contest Page), who are at least sixteen (16) years of age; provided, that if an entrant is a minor/below the age of majority in such entrant’s place of residence, such entrant must have permission from a parent or legal guardian in order to participate in the Contest. Void in Brazil, Italy, Quebec, and where prohibited, taxed or restricted by law. Employees, officers and directors of Sketchfab Inc. (“Sponsor”), any promotional parties set forth on the Contest Page, and their parent company, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of promotion materials, content providers, producers and distributors of content and their immediate families (parents, children, siblings, spouse, uncles, aunts, nephews, nieces, grandparents, and in-laws, regardless of where they live) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter. You are not authorized to participate in the Contest if you are not located within the eligible jurisdictions. All applicable federal, state, provincial and local laws and regulations apply.
- The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
- The Submission must not disparage Sponsor or any other person or party;
- The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the eligible jurisdiction or of any jurisdiction where Submission is created or submitted.
Sponsor’s decisions are final and binding in all matters relating to the Contest, including, but not limited to, interpretation and application of these Official Rules. By entering the Contest, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest. Additionally, entrants must sign and return a written document as requested by Sponsor to perfect the grant of rights in favor of Sponsor with respect to entrant’s Submission pursuant to the terms indicated in these Official Rules, if necessary.
7. Judging Criteria. All eligible Submissions will be judged as set forth on the Contest Page.
8. Prizes. All prizes and their approximate retail values are set forth on the Contest Page. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize. If any prize or prize notification is returned as undeliverable, or a potential winner does not respond within seven (7) days of notification, or refuses to execute an applicable document, prize will be forfeited and awarded to an alternate winner. All prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
AWARDS OF PRIZES TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO SPONSOR ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT IT COMPLY WITH ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, LOCAL OR OTHER TAX REPORTING LAW OR REGULATIONS IN THE UNITED STATES AND IN THEIR RESPECTIVE JURISDICTION. ALL PRIZES WILL BE NET OF ANY TAXES SPONSOR IS REQUIRED BY LAW TO WITHHOLD. TO THE EXTENT PERMITTED BY LAW, ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. Refusal by any entrant to submit such documentation or complete any required forms or obligations shall result in such winner forfeiting the prize, leaving it unclaimed.
Value of prize awarded will be based on each winner’s country/jurisdiction of residency. The difference between the actual and the approximate ARV will not be awarded.
9. Notification. Potential winner(s) will be notified as set forth on the Contest Page, and may be required to sign and return, where legal, a Prize Acceptance and Release Form (“Prize Release”) within five (5) days of receipt. If any potential winner is considered a minor in his/her jurisdiction of residence, the Prize Release must be signed by his/her parent or legal guardian.
AS APPLICABLE, FOR RESIDENTS OF FRANCE, GREECE, ARGENTINA, CHILE, THE RUSSIAN FEDERATION, AND BELGIUM ONLY: Each potential winner will receive a Publicity Release Form designed to obtain his/her free consent to use his/her full name, likeness, city of residence and Submission for promotional purposes and without additional compensation. In any case, a lack of consent does not prevent such potential winners from receiving the prize.
Potential winner(s) will be required to email Sponsor within seven (7) days in order to claim their prize. If any potential winner cannot be contacted within seven (7) days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, or any other laws, rules or regulations of any applicable jurisdiction by the winner, such prize will be forfeited and may be awarded to the Submission with the next highest score. Upon prize forfeiture, no compensation will be given.
10. Conditions. BY PARTICIPATING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO THE NON-EXCLUDABLE GUARANTEES (DEFINED BELOW), EACH ENTRANT AND WINNER (OR, IF A MINOR/BELOW THE AGE OF MAJORITY IN SUCH ENTRANT’S/WINNER’S PLACE OF RESIDENCE, SUCH ENTRANT’S/WINNER’S PARENT OR LEGAL GUARDIAN ON SUCH ENTRANT’S/WINNER’S BEHALF) AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, ITS PROMOTIONAL PARTNERS AND THEIR ADVERTISING AND PROMOTIONS AGENCIES, CONTENT PROVIDERS, PRODUCERS AND DISTRIBUTORS OF CONTENT, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, “RELEASED ENTITIES”), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN THE CONTEST, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF A PRIZE OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY, AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. Any and all federal, provincial, local state and local taxes are the sole responsibility of the winners. Participation in the Contest and acceptance of a prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state/province/territory), likeness, photograph, picture, portrait, voice, biographical information, and/or any statements made by each winner regarding the Contest or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. Entrants who do not comply with these Official Rules, or attempt to interfere with the Contest in any way shall be disqualified. Entrants acknowledge and agree that their participation in the Contest is not and does not create any confidential, fiduciary, employment, agency or other special relationship between entrant and Sponsor. Subject to the Non-Excludable Guarantees, Sponsor is not responsible if the Contest cannot take place or if any prize cannot be awarded due to any event beyond Sponsor’s control, including, but not limited to, travel cancellations, delays or interruptions due to acts of God, acts of war, acts of terrorism, any act of governmental or military authorities (foreign or domestic), outbreak of disease or other public health hazard, natural disasters, weather, or labor dispute or strike.
11. Additional Terms. Any attempted form of entry other than as set forth above is prohibited; no automatic, programmed, robotic or similar means of entry are permitted. To the extent permitted by applicable law, and subject to the Non-Excludable Guarantees, Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, network traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in the Contest or downloading any materials in the Contest. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend the Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its reasonable control corrupt or affect the administration, security, fairness or proper conduct of the Contest and/or as a result of any applicable law, regulation, decree or guideline. In such cases, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. If Sponsor decides to cancel or modify the Contest in accordance with these Official Rules, it will provide a notice of such cancellation or modification on the Contest Page. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or web site. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Limitation of Liability; Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF ANY WEBSITES ASSOCIATED WITH THE CONTEST, OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THE CONTEST AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW (a) THE EXCLUSION OF IMPLIED WARRANTIES ON APPLICABLE STATUTORY RIGHTS; AND (b) LIMITATIONS ON A CONTRACTING PARTY’S LIABILITY WITH REGARDS TO DAMAGES OR DEATH CAUSED DUE TO ITS NEGLIGENCE OR INTENTIONAL MISCONDUCT, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY IN SOME CASES. THIS LIMITATION MAY NOT BE ENFORCEABLE IN ALL JURISDICTIONS AND THEREFORE MAY NOT APPLY TO ALL ELIGIBLE PARTICIPANTS. FURTHER, NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY, THE EXCLUSION OF WHICH FROM THESE OFFICIAL RULES WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE TERMS AND CONDITIONS TO BE VOID (“NON-EXCLUDABLE GUARANTEES”). CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
13. Disputes; Governing Law. To the fullest extent permitted by law, the parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest.
TO THE FULLEST EXTENT PERMITTED BY LAW, THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH CAROLINA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. The parties irrevocably submit and consent to the exclusive jurisdiction of the Superior Court of Wake County, North Carolina, or, if federal court jurisdiction exists, the United States District Court for the Eastern District of North Carolina. The parties agree not to raise the defense of forum non conveniens.
15. Name of Winner/List of Winners. The list of winners will be posted on the Contest Page after all winner confirmations are complete.
16. Sponsor. Sketchfab Inc., 440 Ninth Ave, Suite 1700, New York City, NY, 10001 United States of America.
If one or more provisions of these Official Rules shall be found invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Official Rules shall not be affected in any way thereby.
These Official Rules and any changes to the Official Rules will be posted online at: https://sketchfab.com/blogs/community/official-contest-rules/