Official Rules for the Marvel’s Deadpool Design Contest 2
Utilizing Marvel’s Deadpool Elements
No Purchase Necessary. A Purchase Will Not Increase Your Chances of Winning.
Sponsor and Administrator: The Promotion is sponsored by Mighty Fine, 2010 E. 15th Street, Los Angeles, California, 90021(“Sponsor”). The Promotion is administered by Mighty Fine (“Administrator”). Sponsor is an authorized licensee of Marvel Characters, Inc.
Eligibility: The design contest (the “Promotion”) featuring Marvel’s “Deadpool” character (“Deadpool”) is open only to legal residents of the fifty (50) United States and Washington D.C. who are at least eighteen (18) years of age. All applicants between the ages of eighteen (18) and the age of majority within their respective state must have their parent/legal guardian enter on their behalf. Employees of Sponsor, Marvel Entertainment, LLC (collectively along with its parents, subsidiaries, and affiliates, “Marvel”), or any of their parents, subsidiaries, affiliated or successor companies; the advertising, promotional or fulfillment agencies of any of them; nor members of their households or immediate families, are not eligible to enter. The Promotion is subject to federal, state, and local laws and regulations and is void in Puerto Rico and where prohibited.
Agreement to Official Rules: By entering the Promotion, you indicate your full and unconditional agreement to, and acceptance of, (a) these Official Rules and (b) Sponsor’s decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Submission Period: The Promotion begins at 12:01 AM Pacific Time on xx/xx/xxxx and ends at 11:59 PM Pacific Time on xx/xx/xxxx (the “Submission Period”). Entries submitted before or after the Submission Period will not be eligible. Sponsor’s computer is the official time-keeping device for the Submission Period.
How to Enter: Applicants may enter the Promotion by submitting an original tee shirt graphic design (the “Design”) to Sponsor. The Design should be original, creative and with artistic merit, and showcase Deadpool, as the character was originally conceived and as the character appears in the comic books owned and/or controlled by Marvel (and not based on audio/visual works (e.g., movies, animation)) and widely known to the popular imagination through successive classic (i.e., faithful in appearance and characterization to the original comic books) interpretations in such comic books (the “Deadpool Elements”).
Each Design submitted to Sponsor, subject to the Official Rules, shall be considered an “Entry”. Each applicant may submit up to ten (10) Entries.
Applicants may upload their Entry through the Site. Entries must be in a .JPEG, .GIF or .PNG formats. Once an entry is uploaded through the Site, it cannot be further modified or changed by the applicant.
Marvel Design Elements: For the sole purpose of submitting your Design for evaluation and potential commercial use, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicenseable, revocable, royalty-free license to create a Design which includes Deadpool Elements. You are not granted any rights to use Deadpool Elements for any other purpose. Deadpool Elements are limited to elements derived from, adapted from, based on, by direct reference or by inference to (e.g., by shape or outline but without specific features), any intellectual property (e.g. copyrights, trademarks, trade dress, art works, characters, logos, brands, symbols, devices, slogans, tag lines) of Marvel, its affiliates, or its/their licensors, or any variation thereof.
Deadpool Fan Prize Pack: Five (5) packages will be given away consisting of assorted WeLoveFine Deadpool merchandise in the winner's size along with other assorted surprises all packaged in a personalized plushy taco shaped bag for a total value of four hundred dollars ($300) each. (The top fifty (50) highest rated designs by the community will be selected to be judged by Sponsor and judges based on following weighted criteria: Creativity, Originality, and Artistic Merit of the Entries. Five (5) designs will be chosen as the winners of each Deadpool Fan Prize Packs.)
Retailer Judge Picks: Two (2) artists will be chosen to have their designs exclusively offered at whichever retailer chooses plus a small taco plush bag stuffed with a t-shirt with the winner's design printed on it for a total value of one hundred and fifty dollars ($150) each. (Retailer judge will choose a design to win as their pick based on the following weighted criteria: Creativity, Originality, Artistic Merit of Entries and Sell-ability toward their target demographic.)
*All winning designs will be put into consideration for printing (Subject to Marvel Approval)
Content Requirements: Your Entry must not: (a) violate any third party rights, including, but not limited to, copyrights, trademark rights, or rights of privacy and publicity; (b) contain defamatory statements; (c) include threats to any person, place, business, or group; (d) be obscene, offensive or indecent; (e) depict any risky behavior, as determined by Sponsor in its sole discretion; (f) contain any third party trademarks or logos; or (g) communicate messages or images inconsistent with the Sponsor’s or Marvel’s brand, as determined by Sponsor or Marvel, in their sole discretion, respectively.
Entrant’s Representations and Warranties: By submitting an Entry, you represent and warrant that: (a) the Entry is an original work created solely by you; (b) you own all rights to the Entry, excluding the Deadpool Elements; (c) to the extent the Entry depicts any individual, you are the individual pictured and heard in the submission, or, alternatively, that you have obtained written permission from each person appearing in the Entry to grant the rights to Sponsor described in the “Sponsor’s Right to Entries” section below, and can make written copies of such permissions available to Sponsor upon request; (d) the Entry complies with all requirements of these Official Rules and (e) and the Entry complies with all relevant laws and regulations.
Sponsor’s Rights to Entries: By participating, you: (a) assign and agree to assign Sponsor, and Sponsor’s assignees (e.g. Marvel), all right, title and interest in and to the Entry and the Design that is incorporated into the Entry, including Sponsor’s right to modify, amend or otherwise change the Entry, and you agree to execute any documents necessary to effect assignment of the Entry to Sponsor, all throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party; (b) forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude Sponsor’s use of your Entry, or require any further permission for Sponsor to use the Entry; and (c) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor on the grounds that any use of the Entry, or any derivative works, infringes any of your rights as creator of the Entry, including, without limitation, copyrights, trademark rights, and moral rights.
Winning: Sponsor shall award the Prizes as they are determined, based on the Official Rules. The “Rating Period” of the Promotion will begin at 12:01 AM Pacific Time on xx/xx/xxxx and will end at 11:59 PM Pacific Time on xx/xx/xxxx. During the Rating Period, all eligible Entries will be displayed on Sponsor’s website, and anyone with a registered account on Sponsor’s website will be able to submit one (1) rating per entered Design. In the event Sponsor, in its sole and absolute discretion, believes that any website users are registering multiple accounts and/or using multiple email addresses for the purpose of submitting additional rates, Sponsor has the right to discount such rates and disable said accounts.
The “Judging Period” of the Promotion will begin at 12:01 AM Pacific Time on xx/xx/xxxx and shall continue until 11:59 PM Pacific Time on xx/xx/xxxx. During the Judging Period, Sponsor and its partners shall review the eligible Entries to determine the potential winners. All decisions regarding the potential winners shall be in Sponsor’s sole and absolute discretion. Any ties will be broken by a random drawing held by the Sponsor.
Within a reasonable time after the conclusion of the Judging Period, Sponsor may post the potential winners and/or winners on Sponsor’s website, www.welovefine.com.
There is a limit of ten (10) Entries per person. The odds of winning depend on the number of entries received. There are a total of seven (7) potential winners to be selected.
In order to be eligible to win a Prize, the potential winners must provide Sponsor with all necessary tax identification information, including but not limited to tax identification information necessary for Sponsor to issue a 1099. THE VALUE OF THE PRIZES WILL TREATED AS A WORK FOR HIRE AND THE WINNER WILL BE RESPONSIBLE FOR PAYMENT AND REPORTING OF ALL APPLICABLE TAXES. CONSULT WITH YOUR TAX ADVISOR. There are no substitutions on the Prizes. If the prize is not available for any reason, as determined by Sponsor in its sole discretion – it can be replaced with a prize of equal value. Any prize details not specified above will be determined by Sponsor in its sole discretion. A prize may not be transferred and must be accepted as awarded. Sponsor is not responsible for damaged prizes.
Notification and Requirements of Potential Winners: Sponsor will attempt to notify potential winners within five (5) business days of the date of selection. If a potential winner does not respond within five (3) business days after the notice is sent, the Sponsor will select an alternate potential winner in his/her place according to the procedures set forth above. Only three (3) alternate potential winners will be contacted; thereafter, any unclaimed prize will not be awarded. Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility, a liability/publicity release, and a release in which he/she irrevocably assigns and transfers to Sponsor any and all rights, title, and interest in Entry, including, without limitation, all copyrights and trademark rights, and waives all moral rights in the Entry. If a potential winner is a minor, his/her parent or legal guardian will be required to sign the documents on his/her behalf. If a potential winner fails to sign and return these documents within the required time period, an alternate potential winner may be selected in his/her place according to the procedures set forth above. Only three (3) alternate potential winners may be contacted.
General Conditions: In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, Sponsor may, in its sole discretion, either: (a) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes based on the time stamp submitted posts at the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted e-mail address. The Promotion is subject to federal, state, and local laws and regulations and is void where prohibited. If for any reason the Promotion is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Promotion. In such event, no prizes will be awarded. If due to a printing, production or other error, more prizes are claimed than are intended to be awarded for any prize level per the above, the intended prizes will be awarded in a random drawing from among all verified and validated prize claims received for that prize level. In no event will more than the stated number of prizes be awarded.
Release and Limitations of Liability: By participating in the Promotion, you agree to release and hold harmless Sponsor, Marvel, and each of their parent companies, affiliates, and subsidiaries, as well as each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing or typographical errors; (d) lost, late, postage-due, misdirected, or undeliverables mail; (e) errors in the administration of the Promotion or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use of any prize. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Promotion, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Disputes: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.
Results: To request a winners list, send a self-addressed, stamped envelope to Mighty Fine, 2010 E. 15th Street, Los Angeles, California, 90021, Attention: Marvel’s Deadpool Design Contest 2 Results. Requests must be received by xx/xx/xxxx where a self-addressed stamped envelope is not required by law, please send a request for the results and include your name and mailing address.
AFFIDAVIT OF ELIGIBILITY, LIABILITY AND PUBLICITY RELEASE Marvel’s Deadpool Design Contest 2
I,, hereby state:
Neither I nor any of my immediate family or household members is employed by Mighty Fine (the “Sponsor”) nor by any other company associated with Marvel Entertainment, LLC or its parent companies, affiliates, or subsidiaries (collectively, “Marvel”).
I represent that I am at least 18 years of age and have complied with, and will continue to comply with, the Official Rules of the Promotion and that I have perpetrated no fraud or deception in entering the Promotion or in claiming the any prize.
I understand that I am responsible for any taxes, costs, and expenses not specifically described as being part of the prize in the Official Rules.
I agree to release and hold harmless the Sponsor, Marvel and their respective parent companies, affiliates, and subsidiaries, as well as each of their respective employees, directors, shareholders, officers and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of any prize, including, but not limited to any injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from my participation in the Promotion or receipt of any prize.
I grant to the Sponsor and its assignee, Marvel, the absolute right and permission to use my name, address, likeness, voice, or opinions in any and all advertising and promotional materials, or to refrain from doing so, in any manner or media whatsoever, worldwide, for advertising and promotional purposes without notice to me and without further compensation. I understand that I shall have no right of approval, no claim to any compensation, and no claim arising out of the use, alteration, distortion, or illusionary effect or use in any composite form of my name, address, likeness, voice, or opinions.
I assign, and agree to assign, Sponsor and its assignee, Marvel, all right, title and interest in and to the Design and the Entry (collectively, the “Works”), as such terms are defined in the Official Rules, including copyrights, any copyright renewals or extensions, and any other intellectual property rights of any kind or nature (e.g., trademark and patent rights) forever, or for the full time period otherwise permitted under local law, throughout the universe, in all languages. I agree that, without any further payments to me, Sponsor and its assignee, Marvel, may use or license the Works in any ways which they desire, and this includes new and different ways, ideas, media and technologies for using or exploiting the Design and the Entry which might not even exist today.
I understand that if any statement I make in this Affidavit/Release is false, I will immediately return the prize or the approximate retail value of the prize to the Sponsor upon the Sponsor’s request.
I understand and agree that this is a complete release and discharge of all claims and rights I may have against the Released Parties and that no action will be taken by or on behalf of myself with respect to any such rights. I understand that this release shall be binding upon my heirs, executors, executors,
Name of Entrant (if under age of majority)