YALLWrite Avatar Fan Art Contest Rules
Avatar, The Last Airbender: The Kyoshi Novels Fan Art Contest – Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Contest may only be entered in or from the 50 United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry. This Contest is governed exclusively by the laws of the United States. You are not authorized to participate in the Contest if you are not located within the 50 United States or the District of Columbia.
- How to Enter. To enter the “Avatar, The Last Airbender: The Kyoshi Novels Fan Art Contest” (“Contest“), go to abramsbooks.com/yallwriteavatarfanart (“Site”), read the Official Rules, complete the online entry form (including your name, mailing address, birth date, and email address), and submit your original fan art of Avatar Kyoshi (“Artwork”). All entry information and Artwork shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Submissions must comply with the Guidelines and Restrictions defined below in Section 4. Sponsor reserves the right to cancel or modify this Contest in the event an insufficient number of Submissions are received that meet the minimum entry criteria.
All entrants must have a valid email address. Limit one (1) Submission per person/email address. No automated entry devices and/or programs permitted. All entries, including Submissions, become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor. By entering, each entrant warrants and represents the following with respect to entrant’s Submission: (a) entrant is the sole and exclusive owner of the Submission, apart from any of any intellectual property, including copyrights, trademarks, names, logos, designs, artwork, publicity rights (or any analogous rights) and characters owned by Sponsor and/or Viacom International Inc. (“Viacom”) (as applicable) (collectively, “Contest IP”), which may only be used pursuant to the limited license described more fully herein; (b) apart from any included Contest IP, the Submission is entrant’s own creation; (c) the Submission will not infringe on any rights of any third party, including but not limited to copyright, trademark, privacy, publicity and/or any other intellectual property right and will not include the name, photo, or likeness of a third party without permission from such third party; (d) the Submission complies with the Guidelines and Restrictions (defined below in Section 4); and (e) the Submission has not been submitted previously in a promotion of any kind, won any kind of award and/or been exhibited or displayed publicly through any means.
Providing a Submission constitutes entrant’s consent to grant Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes.
- Start/End Dates. Contest begins 12:00:00 AM Eastern Time (“ET”) on November 11, 2020, and ends at 11:59:59 PM ET on November 25, 2020 (“Contest Period”).
- Eligibility. Participation open only to legal residents of the fifty (50) United States or the District of Columbia, who are 13 years old or older as of date of entry. Void outside of the 50 United States and the District of Columbia, and where prohibited, taxed or restricted by law. Employees, officers and directors of Sponsor, Viacom, and their respective parent companies, subsidiaries, affiliates, partners, dealers, advertising and promotion agencies, manufacturers or distributors of Contest materials (collectively, “Contest Parties”) and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. You are not authorized to participate in the Contest if you are not located within the United States or the District of Columbia. All federal, state and local laws and regulations apply.
- Submission Guidelines and Content Restrictions: By entering the Contest, each entrant agrees that entrant’s Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant or Submission from the Contest if it believes, in its sole discretion, that the entrant’s Submission fails to conform with these Guidelines and Restrictions.
Submission Guidelines:
- The Submission must be submitted as a JPG, PNG, GIF, or PDF file format
Content Restrictions:
- The Submission must not contain material that violates or infringes another’s rights, including but not limited to copyright, moral rights, trademark, privacy, publicity or any other intellectual property rights;
- The Submission must not disparage Sponsor, the Contest Parties, or any other person or party;
- The Submission must not contain brand names or trademarks of any entity other than the Contest IP, which entrant has a limited license to use for the sole purpose of creating a Submission in this Contest;
- The Submission must not contain footage, images, sounds, music or artwork not created by entrant or owned by Sponsor;
- The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created; and
- The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Contest.
Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant’s Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.
Sponsor’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules.
- Contest IP. Sponsor grants eligible entrants a limited, revocable, non-sublicensable, license to use the Contest IP for the sole purpose of creating and submitting the Submission for review and assessment in this Contest. Entrants are not permitted to make any further use of Contest IP for any purpose whatsoever. In addition, entrants recognize that all right, title, and interest in Contest IP as well as all derivative works created using Contest IP shall vest exclusively with the Sponsor or Viacom (as applicable), and entrant agrees that he/she has not and will not take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Contest IP except for the limited license granted to entrant in these Official Rules is transferred or created. Each entrant further acknowledges and agrees that Contest IP rights are valid and enforceable, and that entrant shall do nothing to challenge the validity or enforceability of Contest IP in any forum. Entrants agree that the use of Contest IP is permitted only for the purpose of making a Submission for entry in this Contest, and that any use of Contest IP beyond this scope infringes the rights of Sponsor and/or Viacom and will result in irreparable harm to Sponsor and/or Viacom.
- Independently Developed Submissions. Each entrant understands and agrees that Contest Parties’ use in matters independently developed of material similar to or identical with the Submissions or containing features or elements similar to or identical with those contained in the Submissions will not obligate Sponsor or other Contest Parties to negotiate with entrant, nor will it entitle entrant to any compensation of any kind. Each entrant agrees and acknowledges that nothing herein shall preclude the Contest Parties from using any material in or similar to the Submission without any obligation toward the entrant, including, but not limited to, if the Contest Parties have an independent legal right to use such other material, including without limitation, because such features or elements were not new or novel, or were not originated by entrant, or were or may hereafter be independently created by or submitted to the Contest Parties.
- Judging/Judging Criteria. Judge reserves the right, in their sole and absolute discretion, to disqualify any Submission that fails to comply with these Official Rules, including the Guidelines and Restrictions included herein. Judging will take place on or about November 30, 2020 once the contest period has concluded. The judging panel – consisting of F.C Yee and an internal team at ABRAMS – shall apply the Judging Criteria (defined below) in order to select the three (3) winners (subject to confirmation). All Submissions will be judged based on the following equally-weighted judging criteria: (a) creativity; (b) use of color and image quality; and (c) overall impression and impact of the Submission. In the event of a tie, the highest score in the creativity category will determine the winner. By entering the Contest, entrants and their parents and/or legal guardians 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.
- Prizes. Three (3) Winners will receive one (1) special edition copy of Avatar, The Last Airbender: The Rise of Kyoshi by FC Yee and Avatar, The Last Airbender: The Shadow of Kyoshi by F.C. Yee. Approximate retail value (“ARV”) of each prize : $37.99. ARV of all prizes combined: $113.97. Prizes are non-transferable. No substitutions or cash redemption. In the case of unavailability of prize, Sponsor reserves the right to substitute a prize of equal or greater value. All unspecified expenses are the responsibility of winners.
- Notification. Winners will be notified by email on or about December 04, 2020 and may be required to sign and return, where legal, an Affidavit or Declaration of Eligibility, Liability/Publicity Release and/or rights transfer document within five (5) days of prize notification. If any winner is considered a minor in his/her jurisdiction of residence, Affidavit or Declaration of Eligibility, Liability/Publicity and rights transfer document must be signed by his/her parent or legal guardian. If any winner cannot be contacted within five (5) calendar 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, 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.
- Conditions. Any and all federal, state and local taxes are the sole responsibility of the winner. Participation in Contest and/or acceptance of prize constitutes each entrant’s (or their parent’s or legal guardian’s permission if a minor) for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by each entrant regarding the Contest or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and winners (or their parents or legal guardians if a minor) agree to release and hold harmless Sponsor, Viacom, and their advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Parties”), 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 Contest, or possession, acceptance and/or use or misuse of 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. Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way shall be disqualified.
- Additional Terms. Any attempted form of entry other than as set forth in Section 1 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Released Parties 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, 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 this Contest or downloading any materials in this Contest. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, epidemics, pandemics, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor may select the winner from all eligible Submissions received prior to and/or after (if appropriate) the action taken by Sponsor. 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 CONTESTMAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED PARTIES 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/OR USE OF THE SITE OR ANY OTHER WEBSITES ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS 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 MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- Disputes; Governing 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. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens.
- Use of Data. Sponsor may be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at abramsbooks.com/privacy-policy. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.
- List of Winners. To receive a list of winners, send a self-addressed, stamped envelope by December 21, 2020 to: Winner’s List, ABRAMS Marketing, Avatar, The Last Airbender: The Kyoshi Novels Fan Art Contest, 195 Broadway, 9th Floor, New York, NY 10007.
- Sponsor. ABRAMS Books, 195 Broadway, New York, NY 10007.
DISCLAIMER: This promotion is in no way sponsored, endorsed or administered by, or associated with, Viacom International Inc. You are providing your information to ABRAMS Books and not to Viacom International Inc. The information you provide will only be used for administering this Contest and contacting the winner.
© 2020 ABRAMS Books.