deviantWEAR Design Battle 2009 - The Rules
deviantART Presents deviantWEAR - Design Battle 2009
THE OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.
CONTEST BEGINS AT 12:01:01 (PST) ON FEBRUARY 9, 2009 AND ENDS AT 11:59:59 PM (PT) ON MARCH 1, 2009 (THE “ PROMOTION PERIOD”).

1. HOW TO ENTER:

a. You must be a member of http://www.deviantart.com (“Contest Site”) to enter the Contest. Free membership to the Contest Site is available. If Entrant is already a registered member of the Contest Site, Entrant is not automatically entered into the Contest. Entrant must follow the instructions to submit a completed entry (the “Work” or “Works”) at www.deviantart.com in one of the following three categories: “Community,” “Fashion” and “dA Branded.” Instructions for submission are found in the News Article on www.deviantart.com announcing the Contest (the Contest Announcement”). A completed entry can also be submitted to the appropriate contest category as found on deviantART’s submission page. The Work is to be designed specifically for use on T-Shirts. Works submitted to the category “Community” should have as their subject matter deviantART community jokes, memes or other references to the deviantART community. Works submitted to the category “Fashion” can be of any subject matter and need not contain either the deviantART name or the deviantART logo. Works submitted to the “dA Branded” category must use the deviantART logo and/or name and are to be designed to promote deviantART. The Work must be original but may be a work created prior to the contest. Entries should be non-vector/source files (GIF, JPG, PNG), as they are for preview only, but winning entries must be finalized as high-resolution artwork. You may use the application of your choice as long as it can export a file to the proper specifications. GIMP, Sodipodi, and Inkscape are popular and free image manipulation programs that can be useful if you do not have access to Adobe software. The Work must conform to these technical requirements: Adobe Photoshop-compatible or Illustrator-compatible formats (File formats: PSD, AI, EPS); Compatible with version CS3 or below; Use only 1-6 colors; No part of the design should exceed 10 inches by 12 inches; No more than 2 placements may be used per design; Use vector art illustration or raster illustration (if the method is raster, all illustrations must be originally drawn at 300dpi and at their full scale); Cannot mix raster images with vector images; Fonts must be converted to outlined shapes; Use of the template provided at the Contest Announcement will help show proper design placement (recommended); It is preferred that you use Pantone colors (PMS Coated) for color references.

No illegible, incomplete, forged or altered entries will be accepted. Entrants may enter as many Works as they like however duplicate entries are not allowed (i.e. entering the same entry into more than one category).

b. Do not submit original file of the Work. Entries will not be returned. You should retain and store the original file on your own.

c. THE WORK:
  • i. must be created originally by the Entrant,
  • ii. may not have been previously published or won any other prize/award or previously submitted to any other contest,
  • iii. must be the exclusive original work of the Entrant and may not contain stock art unless the stock art was made by Entrant,
  • iv. must be in keeping with deviantART’s image,
  • v. may not be inappropriate, offensive, libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized, as determined by deviantART in its sole discretion,
  • vi. must not be harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way, as determined by deviantART in its sole discretion,
  • vii. may not violate or encourage others to violate any applicable law, statute, ordinance or regulation,
  • viii. may not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights,
  • ix. may not contain commercial/corporate advertising, including but not limited to corporate logos, brand names, and slogans, other than those relating to deviantART,
  • x. may not include any viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code or content that may harm or compromise the Contest Site and/or the proper conduct of the Contest,
  • xi. may not use any watermarks or distinguishing artist marks, and
  • xii. if found to be in violation of these rules will be disqualified and therefore removed from the Contest Site Gallery.
d. By submitting an entry, Entrant represents that
  • i. (s)he has the unrestricted right to submit the Work;
  • ii. all persons whose name or likeness appears in the Work (“Work Participants”) have unconditionally consented in writing to their appearance in the Work and unconditionally granted Entrant in writing the right to submit the Work subject to these Official Rules, a copy of which consent and grant will be furnished to deviantART upon request; and
  • iii. the Work does not infringe upon any third party’s proprietary or other rights.
e. All Works submitted will remain the exclusive property of the Entrant, provided that:
  • i. Entrant will not acquire any ownership or other interest in any and all trademarks, logos and other intellectual property of deviantART (collectively “Marks”) contained in the Work (the name “deviantART” and the deviantART logos are trademarks of DeviantART, Inc.);
  • ii. except as expressly required in these Official Rules, Entrant may not use the Marks in any manner whatsoever in connection with the Work or otherwise without deviantART’s express prior written approval;
  • iii. during the Promotion Period and for one (1) year thereafter eligible Works submitted to the Contest may be posted at the Contest Site or otherwise displayed in any form and media in connection with promotion of the Contest;
  • iv. during the ten (10) year period immediately following the Promotion Period ( the “ Exclusive Period”), deviantART may (but will not be obligated to) display prize winning Works in any form and media in connection with the promotion of its businesses;
  • v. during the Exclusive Period deviantART may use prize winning Works in any manner whatsoever in connection with T-Shirts, other clothing, merchandise and prints or physical and digital reproductions of the Work and in this regard Entrant agrees that the rights specified in this paragraph 1(e)(v) will be exclusive to deviantART for the Exclusive Period;
  • vi. Entrant may not authorize or permit any prize winning Work to be used to promote any product or service of any other party during the Exclusive Period or thereafter;
  • vii. if an Entrant’s Work contains or incorporates into it any of the permitted logos or graphic material of deviantART, that Entrant may not use the Work with such materials or Marks for any purpose than other than entering the Contest or to display the Work on deviantART.
2. SELECTION OF WINNERS:

a. Potential winners will be selected on or about March 4, 2009 from all eligible entries. Sixteen (16) semi-finalists for each of the three (3) categories specified for this Contest for a total of fourty-eight (48) semi-finalist entries are to be selected by full-time deviantART Staff responsible for deviantWEAR sales and design. Judging of the semi-finalists will be based on adherence to the appropriate themes, quality of design, likely sales potential of the design, artistic quality and adherence to the technical specifications for entries. The semi-finalists will then be placed in a new gallery and in new collections hosted on deviantwear.deviantart.com and presented to the deviantART community for its comments and feedback for a period of fourteen (14) days (the “Voting Period”). Entrants for the semi-finalists are encouraged to promote their respective designs within deviantART during the Voting Period, but any attempt to create false comments, false pageviews or generate responses from accounts which are not genuine will result in disqualification. At the end of the Voting Period at least one winning entry in each of the three categories will be selected by the same group of full time deviantART staff as selected the semi-finalists using the same criteria, above, but also taking into consideration for each semi-finalist entry the number of favorites, the number of pageviews and positive feedback in the comments to the entry. Judges will only consider comments or activity made during the Voting Period while the Work is hosted on deviantwear.deviantart.com. The judges’ decisions are final on all matters relating to the judging of the Contest. Potential winners will be notified by March 20, 2009 by email and/or through the deviantART internal messaging system at deviantART’s sole discretion. Winning entries will be publically announced when the applicable T-shirt is first made available for sale at the deviantWEAR shop.

b. At least one winner will be selected in each of the three categories. In the event an announced winner is disqualified with the result that one of the categories does not have at least one winning entry then the judges will select an alternative winning entry for the applicable category and their decision in that respect will be final.

3. PRIZES:

a. Semi-finalist entrants will receive a one-month subscription to deviantART. For the purposes of these Official Rules, semi-finalist entrants are not considered “prize winners.”

b. Winning entries will be offered for sale as a design on a T-shirt in the deviantWEAR shop. Each winning Entrant will also receive: (i) $1000 as an advance against a royalty of $1.00 (one dollar U.S.) per T-shirt sold and not returned by deviantART through its own website or $0.50 (fifty cents U.S.) for each T-shirt sold and not returned through a third party under license from deviantART; (ii) a 1-year subscription to deviantART; (iii) a decked-out Graphic Artists Bag from deviantWEAR; (iv) 100 deviant dollars to use in the deviantART shop; and (v) 2 printed T-shirts with the Entrant’s winning design. Non-U.S. residents may receive the cash sums in the form of a pre-paid American Express Card or its equivalent at deviantART’s election. Royalties, if any, exceeding the advance will be accounted and paid semi-annually. The winning Entrant retains the advance whether or not any T-shirts are sold. deviantART is not required to actually sell any quantity of T-shirts containing the winning design and makes no representation with respect to the number of T-shirts that may ultimately be sold. deviantART will establish in its sole discretion a reasonable royalty for any use of the winning design in items made for sale other than on T-shirts and as contemplated in paragraph 1(e)(v), above.

c. Odds of winning depend on number of eligible entries received and nature of Work. All prizes will be awarded (assuming sufficient number of entries). deviantART reserves right to substitute for non-cash prizes or portions thereof items of equal or greater value. No other substitution, cash redemptions, or transfer of prizes permitted. deviantART will be responsible only for prize delivery; not responsible for prize utility, quality, licensing or otherwise. All taxes and expenses not specifically described as part of a prize, if any, are the sole responsibility of prize winners. No more than the stated prizes will be awarded.

4. ELIGIBILITY:

Contest open to deviantART members who are at least thirteen (13) years old as of February 9, 2009 except employees (and their immediate families and members of the same household) of deviantART, its affiliates and its agents. There is no charge for a deviantART “free membership” and a “subscription membership” is not required to enter this contest.

5. VERIFICATION OF WINNERS AND DELIVERY OF PRIZES:

Potential winners who are under the age of majority in their jurisdiction of residence and their parent or legal guardian will, and other potential winners will be required to sign a transfer of rights to deviantART that conforms with these Official Rules and may be required to sign an affidavit of eligibility and liability release and, where permitted, a publicity release. Prize may be forfeited if transfer documents, affidavit or releases are not returned within 10 days after mailing to potential winner or if prize notification letter or prize is returned as undeliverable or if a winner cannot be reached after a reasonable attempt has been made by deviantART (as determined by deviantART in its sole discretion). Winner agrees to deviantART’s use of his/her name, address, likeness, and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law.

6. GENERAL:

This Contest is void where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations. This Contest will be governed by the internal laws of the State of California. Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction within the State of California. deviantART and judges not responsible for late, lost, stolen, damaged, garbled, incomplete, misaddressed, postage due, incorrect or misdirected entries, mail or communications, for errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices, or transmission lines or data corruption, theft, destruction, unauthorized access to or alteration of entry materials, loss or otherwise. deviantART and judges not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant’s e-mail account to receive e-mail messages. deviantART disclaims any liability for damage to any computer system resulting from participation in, or accessing, posting, uploading or downloading information in connection with, this Contest, and reserves the right, in its sole discretion, to modify, cancel, terminate or suspend this Contest should any virus, bug, technical failures, unauthorized human or alien intervention or other causes beyond deviantART’s reasonable control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In the event of any such cancellation, termination or suspension, a notice will be posted on the Contest Site and the winners will be selected from among all eligible entries received prior to such time. deviantART reserves the right, in its sole discretion, to disqualify any entrant from this Contest or any other promotion conducted now or in the future by deviantART or any of its affiliates if the entrant’s fraud or misconduct adversely affects the integrity of the Contest. By participating in this Contest, each entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the judges and warrants that s/he is eligible to participate in this Contest. By accepting a prize, winner agrees to release deviantART, its directors, employees, officers, and agents, including without limitation, their advertising and promotion agencies, from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of the prize or participation in any prize-related activities.

6. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

7. WINNERS LIST: Winners will be announced on or about March 24, 2009. To obtain winner's list, go to deviantWEAR Shop.

SPONSOR: deviantART, Inc., 7095 Hollywood Blvd., #788,
Hollywood, CA 90028

© deviantART, Inc. 2009. All trademarks are the property of their respective owners.

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