Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.

To enter this “paint.one Battle of the Week” contest (the “Contest”), you must reside in the 50 United States or the District of Columbia. Entries originating from residents of any other jurisdiction are not eligible for entry. You must be [18 years old or older as of date of entry] {or} [13 years of age or older as of date of entry]. Subject to additional eligibility requirements as described below. This Contest is sponsored by Digital Art Sports, Inc. d/b/a Paint.one (“Sponsor”) and is governed by these rules (the “Official Rules”). THIS CONTEST IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER, INSTAGRAM, FACEBOOK OR TWITTER.

1. How to Enter.

To enter the Contest, follow the links and instructions on Sponsor’s Instagram, Facebook, or Twitter account(s) to submit a time lapsed 60-second video showing the process of the creation of your artwork over a strict 20-minute total time limit (a “Submission”). Submissions will be accepted between [[7:00:00 a.m. PST on [DATE] and 11:59:59 p.m. PST on [DATE]]. You must include on the online entry form your Instagram handle, email address, first and last name, city, and state. You must have a valid email address. Submissions must comply with the Guidelines and Restrictions defined below.

By entering a Submission, you represent and warrant that: (a) you are the sole and exclusive owner of the Submission; (b) the Submission is your own creation and was created in accordance with these Official Rules; (c) the Submission will not infringe on any rights of any third party.

You will own the intellectual property rights in your Submission. By providing a Submission, you agree to grant and grant to Sponsor, a worldwide right and license to display, publicly perform, distribute, store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works of, and otherwise use and reuse the Submission (or any portions or derivative works of the Submission) in any manner, in any medium now known or later created, for any purpose, including Sponsor’s web sites and properties and on social networking sites (e.g., Instagram, Facebook, YouTube, Twitter, etc.). The rights you grant under this paragraph are:
        a. Non-exclusive, meaning that you are free to grant rights in the Submission to others;
        b. fully-paid and royalty-free, meaning that you will not be owed any additional compensation if Sponsor exercises these rights;
        c. assignable, meaning that Sponsor may transfer its rights to others (for example, to a purchaser of Sponsor or a related company as part of a corporate reorganization of Sponsor);
        d. Sublicensable by Sponsor (for example, to distribute and display the Submission through other platforms);
        e. Perpetual and irrevocable, meaning you may not revoke these rights.

[You may submit only one entry per person/email address for the Contest.] No automated entry devices or programs permitted. The receipt of entries will not be acknowledged or returned. Sponsor is not responsible for late, 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 entries and entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor. No purchase is necessary to enter or win the Contest.

By participating the Contest, in addition to the rights relating to your Submission, you grant Sponsor the right to use your name, address (city and state), likeness, photograph, voice, biographical information and any statements made by you regarding the Contest or Sponsor, including for advertising and promotional purposes, without notice or additional compensation, except where prohibited by law.

2. Submission Guidelines

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. By entering the Contest, you fully and unconditionally agree to be bound by the Official Rules and the decisions of Sponsor, which will be final and binding in all matters relating to the Contest.

Content Restrictions:

  • The Submission must not contain material that violates or infringes the rights of others, including but, not limited to, copyright, trademark, privacy, publicity or any other intellectual property rights;
  • The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or that is otherwise unlawful;
  • 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;
  • The Submission must not promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message;
  • The Submission must be consistent with and satisfy the purpose of the Contest.

You acknowledge that other entrants may have used ideas or concepts in their Submissions that may be similar to what is included in your Submission. You understand and agree that you 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.

In case of dispute as to the identity of any entrant, the entry will be deemed made by the authorized account holder of the email address submitted at time of entry. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address associated with the winning entry.

Any form of entry other than as set forth in these Official Rules is prohibited. You may not use automatic, programmed, robotic or similar means of entry.

Sponsor may reject any entry for any reason at any time. 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. By entering the Contest, you fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Contest.

Persons found tampering with or abusing any aspect of the Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Contest, as determined in the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future tournament. ANY ATTEMPT BY A PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY PERSON SO ATTEMPTING TO THE FULLEST EXTENT PERMITTED BY LAW.

3. Eligibility

Participation is open only to legal residents of the Fifty United States or the District of Columbia, and is void outside of the Fifty United States and the District of Columbia, and where prohibited, taxed or restricted by law. Participants must be [18 years of age or older as of date of entry] {or} [13 years of age or older as of the date of entry. If you are younger than 18 years of age, you must have obtained consent to participate from your parent or legal guardian]. Employees, officers and directors of Sponsor and its affiliates, business partners, advertising and promotion agencies, 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.

4. Selection of Winners

Winners will be selected by a panel of judges selected and accepted at the sole and absolute discretion of the Sponsor, together with online voting (in a manner to be determined in the sole discretion of Sponsor) by the public with access to Sponsor’s Instagram, Facebook, and Twitter accounts. Judges will be evaluating each Submission on the following criteria: (a) Overall Concept/Creativity in Interpreting the 2-word prompt/Battle Theme; (b) Visual Storytelling/Technique; and (c) Final Image/Execution of Concept.

Winners will be announced at Instagram.com/paint.onebattles, and facebook.com/paint.one.

5. Prizes

Three winners will receive the following prizes:

  • First Place: [$ ________ gift card] (a $_________ value)
  • Second Place: [description] (a $_________)
  • Third Place: [description] (a $_________)

Prizes are non-transferable. Winners have no right to substitutions or cash redemptions. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. All expenses not specifically listed herein are the responsibility of winners.

Winners are responsible for all federal, state and local taxes.

6. Releases

By participating, you agree to release and hold harmless Sponsor and any other social media site hosting or promoting the Contest, and their respective advertising and promotion agencies and their respective affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from and against any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including, without limitation, property damage, personal injury and death, which may occur in connection with, preparation for, or participation in the Contest, or possession, acceptance or use or misuse of any prize or participation in any Contest-related activity, and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.

Sponsor is not responsible if Contest cannot take place or if any prize cannot be awarded due to due to acts of God, acts of war, natural disasters, weather or acts of terrorism or other reasons beyond the reasonable control of Sponsor.

7. Notification

The potential winners will be notified via email and announced on our Instagram account on or after [DATE]. The potential winners may be required to sign and return, where legal, an additional release affirming their compliance with the Official Rules and confirming the rights and releases granted under these Official Rules. If any potential winner cannot be contacted within five days of prize notification, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize or in the event of noncompliance with these Official Rules, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. In the event of any forfeiture, no compensation will be given.

8. Limitation of Liability

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 PARTICIPATION IN THE CONTEST. 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. IN NO EVENT WILL SPONSOR’S LIABILITY EXCEED THE VALUE OF THE TOP PRIZE THAT IS THE SUBJECT OF THE CONTEST.

9. Disclaimer of Warranties

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.

10. Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Sponsor may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Sponsor’s liability shall be the minimum permitted under such applicable law.

11. Disputes; Governing Law

These Official Rules and any dispute arising from or relating to these the Contest, shall be governed exclusively by, and construed in accordance with the laws of the United States and the State of California, without reference to any conflict of laws principles. Any controversy, claim, or dispute arising out of or related to these Official Rules (or the interpretation, performance, or breach of them) or the Contest(a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If a Dispute that cannot be resolved through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis. Arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party.

12. Use of Data

Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at https://www.paint.one/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.

13. Relation to Paint.one Terms

By using Sponsor’s websites, applications, or services, you are also subject to the Paint.one Terms of Service (the “Paint.one Terms”). In the event of any conflict between these Official Rules and the Paint.one Terms, these Terms will control with respect to the Contest.

14. List of Winners

To obtain a list of winners, send a self-addressed, stamped envelope by [DATE] to:
        Digital Art Sports, Inc.
        8633 W. Washington Blvd.
        Culver City, CA 90232

15. The Contest is sponsored by Digital Art Sports, Inc., d/b/a Paint.one, 8633 W. Washington Blvd., Culver City, CA 90232.