Contest - General Terms & Conditions
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
Any contest (a "Contest") administered by Kaotik Precision, whether alone or in connection with its affiliates, (the "Company") is a skill-based contest in which chance plays no part in the determination of the winner(s). These Official Rules form a binding legal agreement between you and the Company with respect to each and every Contest in which you participate. You will be asked to review and agree to abide by these Official Rules as well as agree to certain stipulations as a condition to any submission you make in connection with each Contest. You must follow all instructions and submit your entries to be considered in a Contest.
These Official Rules provide the general rules applicable to all Contests administered by the Company, and each Contest may have additional rules located on the “Contest Details” and/or “Contest Requirements” pages for each Contest (collectively, the “Contest Details Pages”), which supplement these Official Rules. Any reference in these Official Rules to “Official Rules” with respect to any Contest shall be deemed to be a reference to these Official Rules and the Contest Details Pages for such Contest, taken as a whole. In the event of any conflict or inconsistency between these Official Rules and the rules or other information provided on the Contest Details Pages for any Contest, the rules or such other information posted on the Contest Details Pages shall govern. These Official Rules may be modified from time to time by the Company without any notice to any Contestant (as defined below), and any such modifications shall be effective as of the date they are posted on the Company website located at www.KaotikPrecision.com (the “Website”).
SECTION 1: ELIGIBILITY
Contests are open only to natural persons, eighteen (18) years or older (or, if the person resides in Nebraska or Alabama, nineteen (19) years or older, or if the person resides in Mississippi, twenty-one (21) years or older) at the time of entry who are citizens or legal residents of the United States of America (each, a "Contestant)". All references in these Official Rules to "You" (including references to "Your") are to you, in your capacity as a Contestant.
The following individuals are not eligible to participate in a Contest: employees, contractors, directors and officers of the Company and its respective parent companies, subsidiaries and affiliated companies, distributors, web design, advertising, fulfillment, judging and Contest agencies involved in the administration, development, fulfillment and execution of such Contest (collectively, “Contest Parties”), and any spouse, parent or child of any of the Contest Parties.
SECTION 2: CONTESTS
The entry periods for each Contest, or the various Contest phases, will be stated on the Contest Details Pages for the Contest. The Company reserves the right to extend the deadline for submission of entries for any Contest, or Contest phase. The Company reserves the right to suspend or cancel any Contest, or Contest phase, due to a lack of qualified entries, and upon the occurrence of an event rendering the Contest impossible or contrary to the law as determined in the Company’s sole and absolute discretion.
SECTION 3: ADMINISTRATION OF CONTESTS
Any Contest may be structured differently from other Contests. For example, some Contests may have only one phase (e.g., create a music video), while others may have various phases.
a. Submission of Entries
REFER TO THE CONTEST DETAILS PAGES FOR THE LIMIT ON THE NUMBER OF CONTEST SUBMISSIONS (EACH, AN “ENTRY”) PER CONTESTANT. ANY ENTRY SUBMITTED IN PERSON, BY MAIL, BY FAX, OR BY ANY MEANS OTHER THAN SUBMISSION VIA THE WEBSITE WILL NOT BE ACCEPTED.
An Entry may not be submitted by more than one Contestant. If an Entry was developed by more than one person, only the Contestant who submitted the Entry into the Contest may be awarded any prize. All Entries must be received during the applicable entry period stated in the Contest Details Pages and must satisfy all other requirements contained or referred to in these Official Rules and the Contest Details Pages.
BY SUBMITTING AN ENTRY IN ANY PHASE OF A CONTEST, YOU REPRESENT AND WARRANT TO THE COMPANY THAT YOUR SUBMITTED ENTRY:
Does not contain content that is in violation of or infringes any intellectual property rights of any third party (including, but not limited to, copyrights, trademarks, trade names, trade secrets, logos, and rights of publicity);
Except as otherwise contemplated elsewhere in these Official Rules or Contest Details Pages, has not been entered in any previous contest, and has not won any previous award;
Will not be submitted in the future as an entry in any other contest, for an award or other honor without prior written consent from the Company;
Has not been published or distributed previously in any media (including, without limitation, on the Internet);
Does not contain any claim that is not and cannot be substantiated or that would be false and/or misleading to a reasonable consumer;
If applicable, is compliant with the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 CFR Part 255).
Does not contain or anticipate the inclusion of any commercial content that promotes any product, service or other objective;
Except as otherwise contemplated elsewhere in these Official Rules, does not contain content to which You do not own all right, title and interest (or have a legal right to use). Any elements appearing in a video, including, without limitation, stills, clip art, stock footage, supers, music (lyrics and/or melody) or other materials must be Your own original work created and performed by You, work that You have a legal right to use and for which You can provide proper legal documentation (e.g. licenses, assignments, purchase receipts), or be in the public domain; and
Does not in any other way violate applicable laws and regulations or network standards.
If your Entry is a video (a “Video Entry”), You additionally represent and warrant to the Company that You have received written consent from every person who appears in or is heard (i.e. voiceover) in Your Video Entry (each, a “Video Participant”) for such Video Participant's inclusion in such Video Entry.
THE COMPANY RESERVES THE RIGHT TO REJECT ANY ENTRY THAT IT DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, (A) CONTAINS UNSUITABLE OR OFFENSIVE CONTENT, INCLUDING, WITHOUT LIMITATION, NUDITY, SEXUALLY EXPLICIT, DISPARAGING, LIBELOUS OR OTHER INAPPROPRIATE CONTENT, OR (B) VIOLATES ANY OF THE REQUIREMENTS OF THESE OFFICIAL RULES. NO ENTRIES WILL BE RETURNED.
BY SUBMITTING AN ENTRY TO A CONTEST, YOU ACKNOWLEDGE THAT YOUR ENTRY MAY BE POSTED BY THE COMPANY, IN ITS SOLE AND ABSOLUTE DISCRETION, ON THE WEBSITE AND/OR OWNED SOCIAL CHANNELS, IN THE SOLE AND ABSOLUTE DISCRETION OF THE COMPANY.
BY SUBMITTING AN ENTRY TO A CONTEST, YOU REPRESENT, WARRANT AND COVENANT THAT YOUR ENTRY IS WHOLLY ORIGINAL TO YOU (EXCEPTING MATERIALS INCORPORATED THEREIN SUPPLIED BY THE COMPANY) AND IS CREATED FOR THE COMPANY AND ITS LICENSEES AND ASSIGNS. YOU AGREE THAT YOUR ENTRY IS OR HAS BEEN SPECIALLY ORDERED BY THE COMPANY AS A “WORK MADE FOR HIRE,” AS THAT TERM IS DEFINED IN THE UNITED STATES COPYRIGHT ACT, AND THE COMPANY WILL OWN ANY AND ALL OF SUCH ENTRIES UPON CREATION AND SUBMISSION, AS THE AUTHOR THEREOF, INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY AND ALL OTHER RIGHTS AND ALL PHYSICAL MATERIALS (INCLUDING ANY B-ROLL FOOTAGE), IN ALL MEDIA AND LANGUAGES NOW KNOWN OR HEREAFTER DEVISED (INCLUDING, BUT NOT LIMITED TO, FILM, TELEVISION, VIDEOCASSETTES, DVDS, DIGITAL AND OTHER STORAGE MEDIUMS, MOBILE MEDIA, INTERACTIVE DEVICES AND INTERNET AND ONLINE SYSTEMS) THROUGHOUT THE UNIVERSE, IN PERPETUITY, AS WELL AS IN AND TO THE RIGHT TO USE YOUR NAME, LIKENESS AND PHOTOGRAPHS, EITHER STILL OR MOVING, FOR ALL COMMERCIAL AND NON-COMMERCIAL PURPOSES (INCLUDING, BUT NOT LIMITED TO, MERCHANDISING, ADVERTISING AND PROMOTION PURPOSES) IN CONNECTION THEREWITH. YOU AGREE THAT THE COMPANY OR ANY LICENSEE OR ASSIGNEE OF THE COMPANY SHALL HAVE THE SOLE DISCRETION IN DETERMINING THE EXTENT AND MANNER OF USE OF ANY ENTRY AND IS NOT OBLIGATED TO USE OR EXPLOIT ANY ENTRY SUBMITTED IN WHOLE OR IN PART. TO THE EXTENT ANY ENTRY IS NOT VESTED EXCLUSIVELY IN THE COMPANY AS A RESULT OF THE "WORK MADE FOR HIRE" NATURE OF THIS ASSIGNMENT, YOU HEREBY IRREVOCABLY AND EXPRESSLY ASSIGN AND GRANT TO THE COMPANY IN PERPETUITY ALL RIGHTS OF ANY KIND AND NATURE THROUGHOUT THE UNIVERSE, INCLUDING ANY AND ALL COPYRIGHT, PATENT, TRADE SECRET, MORAL RIGHT, AND OTHER INTELLECTUAL PROPERTY RIGHTS, IN AND TO SUCH ENTRY, INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO EXPLOIT SUCH ENTRY AND THE RIGHT TO CREATE ANY VERSIONS OR DERIVATIVE WORKS OF SUCH ENTRY. THE COMPANY SHALL OWN ANY DERIVATIVE WORKS CREATED FROM THE ENTRIES. IF YOUR ENTRY IS AN ENTRY IN A VIDEO PHASE OF A CONTEST, YOU ADDITIONALLY REPRESENT AND WARRANT TO THE COMPANY THAT YOU SHALL SUBMIT ALL RAW FILES, CONTEST FILES, EDITING SEQUENCES AND A 1080P.MOV MASTER FILE, USING A PRORES, ANIMATION OR UNCOMPRESSED CODEC UPON REQUEST AT NO ADDITIONAL CHARGE. ACCORDINGLY, YOU AGREE THAT THE COMPANY HAS THE EXCLUSIVE RIGHTS WITHOUT RESTRICTION TO SUBLICENSE, EDIT, ADAPT, DELETE, COMBINE WITH OTHER MATERIALS, TRANSFORM, TITLE (INCLUDING CHANGING THE TITLE), SUBTITLE, DUB, TRANSLATE, ADD TO, REPRODUCE, AND OTHERWISE REVISE ANY ENTRY, AND TO DISTRIBUTE, BROADCAST, TELECAST, CYBERCAST, PERFORM, PUBLICLY PERFORM, STORE, INDEX, CATEGORIZE, DISPLAY, PUBLICLY DISPLAY, SUBMIT AS AN ENTRY FOR AWARDS AND OTHER HONORS, AND OTHERWISE USE AND EXPLOIT SUCH ENTRY IN ANY AND ALL MANNERS OR METHODS NOW KNOWN OR LATER DEVISED, AND ANY AND ALL WORKS DERIVED FROM SUCH ENTRY. THE COMPANY SHALL HAVE THE EXCLUSIVE RIGHT TO COPYRIGHT ANY ENTRY IN ITS OR ITS DESIGNEE'S NAME, AS THE SOLE OWNER AND AUTHOR THEREOF, TO SECURE ANY AND ALL RENEWALS AND EXTENSIONS OF SUCH COPYRIGHTS AND TO FURTHER ASSIGN SUCH ENTRY. YOU AGREE AND CONFIRM THAT THE CONSIDERATION THAT YOU HAVE RECEIVED FROM THE COMPANY CONSTITUTES FULL, ADEQUATE AND FAIR REMUNERATION FOR ALL RIGHTS OF EVERY KIND AND NATURE GRANTED TO THE COMPANY AND THAT SUCH CONSIDERATION IS FAIRLY APPORTIONED TO EACH SUCH RIGHT. YOU HEREBY IRREVOCABLY AND EXCLUSIVELY GRANT AND ASSIGN TO THE COMPANY IN PERPETUITY THROUGHOUT THE UNIVERSE ALL RIGHTS NOW KNOWN OR LATER RECOGNIZED WHICH YOU MAY HAVE IN ANY ENTRY IN THE NATURE OF NEIGHBORING RIGHTS OR RIGHTS OF REMUNERATION OR ANY RIGHT TO COLLECT ANY ROYALTIES, LEVIES OR OTHER SUMS ATTRIBUTABLE TO THE USE OF ANY COPYRIGHT, EXPLOITATION RIGHTS OR OTHER RIGHTS GRANTED TO THE COMPANY IN SUCH ENTRY. TO THE EXTENT ANY SUCH RIGHTS ARE NOT ASSIGNABLE, YOU APPOINT THE COMPANY AS THE EXCLUSIVE ADMINISTRATOR OF SUCH RIGHTS WITH SOLE AUTHORITY TO ADMINISTER AND MAKE COLLECTIONS FOR ANY SUCH RIGHTS. FURTHER, YOU HEREBY WAIVE AND AGREE TO WAIVE IN FAVOR OF THE COMPANY ANY MORAL RIGHT, SIMILAR LAW IN ANY COUNTRY OF THE WORLD, OR OTHER RIGHT OR CLAIM THAT IS CONTRARY TO THE INTENT OF A COMPLETE TRANSFER OF RIGHTS TO THE COMPANY IN EACH ENTRY AND AGREE NOT TO INSTITUTE SUPPORT, MAINTAIN, OR PERMIT ANY ACTION OR LAWSUIT ON THE GROUND THAT ANY USE OF THE ENTRY IN ANY WAY CONSTITUTES AN INFRINGEMENT OF ITS MORAL RIGHTS.
b. Selection of Entry Winners
The Contest Details Pages for each Contest will set forth the number of winning places for which Contestants are competing against one another. Those places with respect to any Contest will be considered “in the money” for purposes of these Official Rules. A team of qualified judges selected by the Company, including a head judge for each Contest (the "Head Judge"), will select from the eligible Entries based on certain factors determined by the Company and stated on the Contest Details Pages for a Contest. The Entries with the highest rankings from the judges for such Contest are referred to in these Official Rules as the “Entry Finalists,” and will be eligible, subject to the other provisions of these Official Rules, to receive the prize designated for such place of finish in the money on the Contest Details Pages for such Contest. In the case of a tie, the tie will be broken by the ranking of the Head Judge based on the judging criteria. If multiple Entries in a Contest are substantially similar to one another, as determined by the judges for such Contest, the Entry that was first submitted to the Company will be judged, and all other substantially similar Entries will be rejected. All decisions of the judges are final.
The Company will post the name of each of the Contestants responsible for submitting the Entry Finalists (each, a “Finalist Contestant”) on the Contest Details Pages for such Contest promptly after the close of the entry period. Each Finalist Contestant must complete, sign and submit a Winner Affidavit of Eligibility & Release, an Intellectual Property Rights Assignment and any release forms that the Company may require (collectively, the “Verification Forms”) to the Company within five (5) business days after the completion of the final phase of such Contest as a condition to receiving any prize in connection with such Contestant’s winning Entry. The Company shall have no obligation to award any prize to any Finalist Contestant in the event that such Finalist Contestant fails to timely submit the Verification Forms to the Company.
See the Contest Details Pages for each Contest for further details on the issuance of prizes to Contestants.
SECTION 4: GENERAL CONDITIONS
By participating in any Contest (or phase thereof), You agree to be bound by these Official Rules and the decisions of the judges, which are final on all matters pertaining to any Contest or phase thereof, and You waive any right to claim ambiguity in any Contest Details Pages or these Official Rules. the Company is not responsible for lost, late, or misdirected entries or submissions.
TO CLAIM ANY PRIZE AS A RESULT OF ANY CONTEST (OR PHASE THEREOF), UNLESS PROHIBITED BY LAW, YOU MUST SIGN AND RETURN TO THE COMPANY A WINNER AFFIDAVIT OF ELIGIBILITY AND ANY REQUIRED RELEASES AS INDICATED IN THESE OFFICIAL RULES (SEE ABOVE). TO CLAIM ANY PRIZE AS A RESULT OF ANY CONTEST (OR PHASE THEREOF), WITHOUT LIMITING ANYTHING ELSE CONTAINED IN THESE OFFICIAL RULES OR THE WINNER FORMS, YOU MUST IRREVOCABLY GRANT AND ASSIGN TO THE COMPANY AND ITS AFFILIATES, PARENTS, SUBSIDIARIES, LEGAL REPRESENTATIVES, SUCCESSORS, ASSIGNS, AGENTS AND LICENSEES, THE UNCONDITIONAL, SUBLICENSBALE, AND PERPETUAL RIGHT AND PERMISSION TO COPYRIGHT (AS APPROPRIATE), REPRODUCE, ENCODE, STORE, COPY, TRANSMIT, PUBLISH, POST, BROADCAST, DISPLAY, PUBLICLY PERFORM, ADAPT, EXHIBIT AND/OR OTHERWISE USE OR REUSE (WITHOUT LIMITATION AS TO WHEN OR TO THE NUMBER OF TIMES USED), YOUR ENTRY, NAME, CITY OF RESIDENCE, IMAGE, VOICE, LIKENESS, STATEMENTS AND BIOGRAPHICAL MATERIAL, AS WELL AS ANY ADDITIONAL PHOTOGRAPHIC IMAGES, VIDEO IMAGES, PORTRAITS, INTERVIEWS OR OTHER MATERIALS RELATING TO YOU AND ARISING OUT OF YOUR PARTICIPATION IN A CONTEST IN ANY MEDIA THROUGHOUT THE UNIVERSE FOR ANY PROPER PURPOSE, WITHOUT LIMITATION, AND WITHOUT ADDITIONAL REVIEW, COMPENSATION, OR APPROVAL FROM YOU OR ANY OTHER PARTY.
Winners of any phase of a Contest may also be required to sign additional documents, as deemed necessary by the Company in its sole and absolute discretion, to effectuate the terms and conditions set forth in these Official Rules. The absence of any such additional documents shall not diminish the effect of any license, assignment or transfer of any rights by You to the Company or its respective successors and assigns.
If for any reason a Contest is not capable of running as planned, including without limitation, lack of qualified entries, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of such Contest, the Company reserves the right, at its sole discretion, to cancel, modify or terminate such Contest. The Company reserves the right, in its sole and absolute discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of a Contest; (b) violating these Official Rules; or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. The Company reserves the right to require any potential winner of any phase of a Contest to submit to a confidential background check to confirm eligibility as a condition of awarding the prize to help ensure that the use of any such person in advertising or publicity for such Contest will not bring any of the Contest Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on such Contest as determined by the Company in its sole and absolute discretion.
If any provision of these Official Rules shall be deemed to violate any federal, state or municipal law, such provision shall be deemed to be amended to conform to such law and all other provisions shall remain in full force and effect. The interpretation and enforcement of these Official Rules will be governed by the laws of the State of California of the United States of America except to the extent required to be governed by the local law in the place of residence of a Contestant. Each Contest is subject to all applicable federal, state and local laws.
SECTION 5: LIMITATIONS OF LIABILITY AND RELEASE
No liability or responsibility is assumed by the Company or any of its respective parent companies, subsidiaries, affiliates, successors, assigns, advertising and promotions agencies, and their respective employees, agents and contractors (“Released Parties”) resulting from Your or any other Contestant’s participation in or attempt to participate in a Contest or ability or inability to upload or download any information in connection with participating in a Contest. No responsibility or liability is assumed by the Released Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of a Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or the Website; unauthorized human or non-human intervention in the operation of a Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of a Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with a Contest. None of the Released Parties are responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Website. Use of the Website is at Your own risk.
None of the Released Parties are responsible for any death, personal injury or property damage or loss of any kind which may be sustained by You or any other Contestant or any third party, regardless of whether or not the third party is participating in the Contest, from participation in any Contest (or phase thereof), use of the Website, or the downloading of any information from the Website. By participating in a Contest, You release and agree to hold harmless each of the Released Parties from and against any and all claims, damages or liabilities arising from or relating to Your participation in any Contest, including, without limitation, death, personal injury or property damage. None of the Released Parties shall be liable to any third parties for any claims, damages or liabilities arising from or relating to Your participation in any Contest, including, without limitation, death, personal injury or property damage. By accepting a prize in a Contest, You agree that the Released Parties shall not be liable for any death, loss or injury resulting from participation in such Contest, or the acceptance or use of any prize. None of the Released Parties shall be liable in the event that any portion of a Contest is cancelled due to condition beyond their control, including, without limitation, a lack of significant participation, as determined by the Company, in its sole and absolute discretion.
None of the Released Parties are liable for any dispute between collaborators arising under or related to a Contest, including, without limitation, the distribution of any prize within a group of collaborators. In the event of a dispute between collaborators or regarding the identity of a Contestant that cannot be resolved to the Company’s satisfaction, the affected Contestant (and his or her Entry) may be deemed to be ineligible to participate in a Contest.
By entering a Contest, You agree that any and all other disputes, claims, actions and causes of action arising out of or connected with such Contest or the prizes awarded, and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively in a federal or state court of competent jurisdiction sitting in Los Angeles, California. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and, subject to applicable law, never shall include consequential, incidental or punitive damages, and in no event attorneys’ fees or costs.
You agree that the releases in these Official Rules are intended to apply to all claims whether or not known or suspected to exist with the intent of waiving the effect of California Civil Code Section 1542 and other laws requiring the intent to release future unknown claims. You represent and warrant that you are familiar with Section 1542 of the California Civil Code, which provides as follows:
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.
With full awareness of and understanding of this provision, You waive and voluntarily relinquish any right or benefit You may have under Section 1542 of the California Civil Code, and any similar provision of statutory or non-statutory law of any other jurisdiction, to the fullest extent that You may lawfully waive all such rights and benefits pertaining the subject matter of these Official Rules.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF A CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION AND EXPULSION FROM THE WEBSITE. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
SECTION 6: INDEMNIFICATION
You agree to indemnify, defend and hold the Released Parties harmless from and against any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of or reasonably related to Your participation in a Contest, including, but not limited to, bodily injury, death, property damage, violation or infringement of trademark, copyright, or other intellectual property rights, right of publicity, right of privacy and defamation. You agree to release and indemnify and hold harmless each of the Released Parties from and against any and all claims that any Contest entry, advertising, promotion, presentation, Web content or any other material subsequently produced, presented, and/or prepared by or on behalf of any of the Released Parties (individually or collectively) infringes on the rights of Your work as contained in any such Entry.