KONGREGATE SCION ARTISTIC INTERSECTION CONTEST OFFICIAL RULES

 

NO PURCHASE, OR PAYMENT IS NECESSARY TO ENTER OR WIN

 

A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING

Contest Dates: The Scion Artistic Intersection Contest  (the "Contest") begins at 12:01:00 a.m. Pacific Time ("PT") on June 3, 2009 and ends at 11:59:59 p.m. PT on July 28, 2009 (the "Contest Period").

Contest Eligibility: The Contest is open to individuals 13 years of age or older, have Internet access, a valid email account, all as of June 3, 2009. Employees of Sponsor, Toyota Motor Corporation and their respective officers, directors, parent companies, subsidiaries, and affiliated companies, advertising agencies, promotional suppliers, or production agencies, and their respective IRS dependents, immediate family members (parent, child, sibling and spouse of each) and individuals residing in the same household, are not eligible to participate. Void where prohibited by law.

To Enter: Beginning at 12:01:00 a.m. PT on June 3, 2009 through 11:59:59 p.m. PT on July 28, 2009, visit www.kongregate.com and follow the online entry instructions for uploading an original artwork or a sound recording of an original musical composition ("Submission"). The Contest consists of two categories, one for original artwork, the second for sound recordings ("Category" or "Categories"). Each Submission is eligible for entry into one Category.  You must follow all online instructions for your Submission to be counted.  Each Submission may not be entered more than once during the Contest Period.  Entrants may not enter the Contest with multiple email addresses or under multiple identities. Any entrant who does so, or uses any device or artifice to circumvent the Official Rules may be disqualified and all of their entries forfeited.

Eligibility: To be eligible: (1) your Submission must conform to the requirements described on www.kongregate.com/collabs/new: Art files must be submitted using the JPG, GIF, or PNG formats. Animated gifs are allowed, but photographs and submissions dominated by words are not allowed. Sound files must be encoded using the MP3 format, and cannot be larger than 10MB in size. Original music or sound effects must be five seconds or longer in length, not including silence. (2) you must follow all online instructions; (3) you must follow our online Posting Rules, including (a) not including in your Submission any obscene, pornographic, or otherwise inappropriate language or content, and having your Submission otherwise suitable for publication on the Kongregate Website, (b) not infringing any third party's intellectual property or privacy or publicity rights, (c) not in any other way violating applicable laws and regulations, (d) not including in your Submission the likenesses of any identifiable persons, and (e) not including in your Submission any reference to any third party trademarks, names or third party logos or any copyrighted works, including music "samples;" (4) your Submission must be your original work - to verify we may require that you send us source files (e.g. Photoshop, GIMP, or Cubase files); and (5) you must otherwise adhere to our Terms of Use. All Submissions will be reviewed for content and compliance with these Official Rules before being judged. Entries containing prohibited content or otherwise deemed by Sponsor, in its sole discretion, to be inappropriate will be disqualified. Sponsor makes the final determination as to what submissions are eligible to take part in this Contest.

Judging: Round One: Each eligible Submission in each Category will be posted on the Kongregate.com website for viewing and review.  Registered users will rate Submissions in each Category using a one (1) through five (5) star ranking, with five (5) being the highest.  Once each week during the eight (8) week Contest Period, the five (5) Submissions in each Category uploaded during the preceding week that receive the highest average user-ranking results, will be selected as the potential prize winners for that week, with the highest in each Category being selected as the potential weekly first place prize winners, the second highest in each Category being selected as the potential second place prize winners, the third highest being selected as the potential third place prize winners, the fourth highest being selected as the potential fourth place prize winners, and the fifth highest being selected as the potential fifth place prize winners.  Submissions must have received a minimum of thirty (30) ratings to be eligible to win a prize.  Each Submission will only be eligible for Round One judging during the week in which the Submission is uploaded.

 

In the event of a tie, the tied Submissions will be judged by a panel of qualified judges who will review the Submissions based upon the following criteria: (1) creativity and innovation (50%); and (2) appropriateness to theme (50%). 

 

Round Two: At the end of the Contest Period, First Round first place prize winners from each Category will be entered into Round Two of the Contest, during which the Submissions in each Category will be judged by a panel of qualified judges.  The judges will review the Submissions based upon the following criteria (the "Round Two Judging Criteria"): creativity, beauty and innovation.

 

The Submission in each Category with the highest score received from the judges during Round Two will be selected as the potential grand prize winner for that Category.  In the event of a tie, the tied Submissions will be judged by a panel of qualified judges who will review the Submissions based upon the Round Two Judging Criteria.    

The potential prize winners will be chosen and will be notified on or about August 5, 2009.  The potential prize winners will be required to execute an Affidavit of Eligibility and Liability/Publicity Release and an affidavit that their entry is unique within seven (7) days of attempted notice or forfeit prize.

Prizes/Approximate Retail Values (ARV): Two (2) Grand Prizes (one per Category) consisting of a home media studio, approximate retail value (ARV) USD $4,900.  Eighty (80) Weekly Prizes (forty per Category), five awarded each week of the Contest Period consisting of USD $100. Total ARV of all prizes $17,800.

General Conditions: Sponsor and its respective agencies are not responsible for lost, interrupted or unavailable network, server or other connections, miscommunications, failed telephone or computer hardware or software or other technical failures, unauthorized human intervention, garbled or jumbled transmissions or other errors of any kind, whether human, mechanical or electronic, including without limitation, the incorrect or inaccurate capture of entry information online, regardless of cause. All Internet access and use charges are the responsibility of the entrant. Once submitted, Submissions become the exclusive property of Sponsor and will not be acknowledged or returned. Any use of robotic, automatic, programmed or like entry methods will void all entries affected by such methods and be deemed tampering. Entry material/data that has been tampered with or altered is void. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES PORTION OF THE CONTEST IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND IF SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor reserves the right, at its sole discretion, to cancel/suspend/modify this Contest in whole or in part for any reason, including without limitation, if the Contest cannot be conducted as originally planned. In case of dispute as to identity of a winner who entered online, entry will be declared made by the registered user of the e-mail account, and, if a prize is won and such registered user is a valid entrant, the prize will be awarded to the registered user. Sponsor is not responsible for posting, printing, distribution, or production errors and may rescind, cancel or revoke the Contest or drawing based upon any such error without liability at its sole discretion. Sponsor will not be responsible to award prizes in excess of the number (or value amounts) of prizes listed in these Official Rules. If a prize becomes unavailable, Sponsor reserves the right to substitute a prize of equal or greater value. No prize transfers, substitutions or cash equivalents except at the sole discretion of the Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any entry at any time in the event it is determined that the entrant has not complied with these Official Rules.

Neither Sponsor, nor its agencies or affiliates are responsible for lost, late, damaged, destroyed, delayed, stolen, misdirected, incomplete, illegible entries or postage due mail. By participating in this Contest, entrants accept and agree to these Official Rules and the final judging criteria and results that will determine the winners. By participating, each winner agrees to allow use of his or her name, likeness, submitted music and/or artwork, and/or photograph for inclusion in the list of winners, if applicable, and advertising this or similar Contests (including posting of first name and last initial on the web) without compensation, approval, notice, or review unless prohibited by law. By submitting a Submission, entrants hereby upon submission provide to Sponsor an irrevocable, worldwide, fully-paid, royalty free, sub-licensable license to their Submission, so that Sponsor may use the music and/or artwork in any and all media now known or hereinafter developed without territorial or time limitations.

Unless prohibited by law, winners are required to complete, sign and return an Affidavit of Eligibility, a Liability Release and Publicity Release within 7 days of notification. If documents are not returned within the 7 day time period, or if prize is returned as non-deliverable, or if winners are found to be ineligible or not in compliance with these Official Rules, such prize will be forfeited or in SponsorÕs sole discretion, may be awarded to an alternate winner selected by Sponsor. All federal, state and local taxes are the sole responsibility of winner. All federal, state and local laws and regulations apply. Participants, by participating in this Contest, hereby waive and release, and agree to hold harmless the Sponsor, Toyota Motor Corporation and their respective parents, subsidiaries, affiliates, distributors, licensors, advertising and promotion agencies and all of their respective officers, directors, employees and representatives and agents, from and against, any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death, or property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of any prize, or their participation in this Contest, or any prize-related, Contest-related activity. Each entrant agrees that (1) any and all disputes, claims and causes of action arising in connection with this Contest and contest, or any prizes awarded, shall be resolved individually and without any resort to any form of class action, and any judicial proceedings shall take place in the state or federal courts within the state of California, U.S.; (2) any and all claims, judgments, or awards shall be limited to actual out-of pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys fees; and (3) under no circumstances will any entrant be permitted to obtain awards for, and each entrant hereby waives all rights to, any punitive, incidental and consequential damages, and any other damages other than the actual out-of-pocket costs incurred. All issues and questions concerning the construction, validity, interpretation and enforceability of these rules of the rights of the entrant in connection with this Contest, shall be governed by, and construed in accordance with laws of the State of California, U.S. without giving effect to its principles of conflicts of laws.

Privacy Policy: Information collected from entrants is subject to Kongregate's Privacy Policy and may also be used as provided for in these Official Rules.

Winners List: For a copy of the winners list, available after August 5, 2009, send a self-addressed, stamped envelope to Contest Winners' List, c/o Kongregate, Inc. 660 Mission Street, Suite 400, San Francisco, CA 94105 by December 31, 2009.

Sponsor: Kongregate, Inc. 660 Mission Street, Suite 400, San Francisco, CA 94105.