Destiny Design Contest Terms of Service
Official Rules for the “Destiny Design Contest”
No Purchase Necessary. A Purchase will not Increase Your Chances of Winning.
- Eligibility: The design contest (the “Promotion”) featuring “Destiny” characters (the “License”) is open to those who are at least fourteen (14) years of age. All applicants between the ages of fourteen (14) and seventeen (17) must have their parent/legal guardian enter on their behalf. Employees of Bungie, WeLoveFine, 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.
- Sponsor and Administrator: The Promotion is sponsored and administered by Mighty Fine, 2010 E. 15th Street, Los Angeles, California, 90021 (“WeLoveFine”).
- 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) WeLoveFine’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 07/07/2016 and ends at 11:59 PM Pacific Time on 07/21/2016 (the “Submission Period”). Entries submitted before or after the Submission Period will not be eligible. WeLoveFine’s computer is the official time-keeping device for the Submission Period.
- How to Enter: Applicants may enter the Promotion by submitting an original t-shirt graphic design to WeLoveFine through the website located at https://www.bungie.net/en/Community. The t-shirt graphic design must be original, creative and with artistic merit, and designed to showcase the theme of Destiny (the “Design”). Each Design submitted to WeLoveFine, subject to the Official Rules, shall be considered an “Entry”. Each applicant may submit up to ten (10) Entries.
Applicants must submit a link to their Entry through the Site and follow the online directions to submit an Entry. Entries must be in a .JPEG; .GIF or .PNG formats. Once an Entry is submitted through the Site, it cannot be further modified or changed by the applicant and you indicate your full and unconditional agreement to, and acceptance of, these Official Rules and WeLoveFine’s decisions, which are final and binding.
Applicants must review and accept the terms and conditions regarding submission on the Site before their entry will be viewed or considered.
By entering the Promotion, participants acknowledge and agree: (a) that the Designs cannot be used by participant (or others) for any commercial purpose whatsoever other than to enter this Promotion; (b) to be contacted by mail, email, and/or phone; and (c) that WeLoveFine and Bungie, Inc. (“Bungie”) may post, use, reuse, publish and republish in whole or in part, edited or unedited, in composite or distorted character or form, without restrictions as to changes or alterations, entrant’s Design(s), including applicant’s name and/or likeness, in any and all media now known for sale, illustration, promotion, art, editorial, advertising, trade or any other purpose whatsoever.
Seven (7) winners will receive a Destiny merchandise prize pack and the opportunity to enter into an agreement with We Love Fine to receive a royalty for every unit sold by We Love Fine that incorporates the winning design, subject to approval by Bungie over the winning design and agreement terms, in Bungie’s sole discretion (the “Royalty Agreement”).
The merchandise prize pack contains one of each: Ghost Plush, Engram Set, Art of Destiny Book, Destiny Thermos, Tricorn Cinch Pack ($135 value)
- 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 or indecent; (e) depict any risky behavior, as determined by WeLoveFine in its sole discretion; or (f) contain any third party trademarks or logos; or (g) be created or submitted by an individual or entity under a contractual, employment or other obligation to any other individual or entity to provide the types of materials solicited hereunder as a part of an exclusive obligation, first right of refusal, or other similar restriction.
- 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 control all rights to the Entry, including the right to assign the Entry to Bungie and its assignees; (c) you consent to WeLoveFine’s use of your Entry and Design in the manner set forth in these Official Rules; (d) no part of the Design has been previously published; (e) no rights in the Entry or Design have been previously granted to any person, firm, corporation or other entity or otherwise exercised or made use of or encumbered in any way; (f) to the extent the Entry depicts any individual, you are the individual pictured in the submission, or, alternatively, that you have obtained written permission from each person appearing in the Entry to grant the rights to Bungie described in the “Bungie’s Rights to Entries” section below, and can make written copies of such permissions available to Bungie upon request; and (g) the Entry complies with all requirements of these Official Rules.
- Bungie’s Rights to Entries: By participating, you or your parent or legal guardian if you are a minor in your state of residence: (a) assign to Bungie and its assignees all right, title and interest in and to the Entry and the Design that is incorporated into the Entry, including Bungie’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 Bungie, all throughout the universe 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 Bungie’s use of your Entry, or require any further permission for Bungie to use the Entry; and (c) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Bungie 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.
- LICENSOR PROPERTY: By entering this Promotion, each applicant acknowledges and agrees that Bungie is granting applicant, during the Submission Period only, a limited, revocable, non-sublicensable, non-transferable and non-exclusive license to use characters and images from Destiny (“Destiny Assets”) solely in connection with applicant’s creation of a Design(s) in this Promotion; that applicant shall have no right, title or interest in or to any of Bungie’s intellectual property, including without limitation, such Destiny Assets (“Bungie’s Intellectual Property”); and that any use of the Bungie Intellectual Property other than as expressly authorized by these Official Rules will constitute a violation of these Official Rules and may constitute copyright or trademark infringement, or other violations of Bungie’s legal rights.
- Winning: WeLoveFine 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 07/07/2016 and will end at 11:59 PM Pacific Time on 07/21/2016. During the Rating Period, all eligible Entries will be displayed on Bungie’s website, and anyone with a registered account on Bungie’s website will be able to submit one (1) rating per entered Design. In the event Bungie, 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 ratings, Bungie has the right to discount such ratings.
The “Approval Period” of the Promotion will begin at 12:01 AM Pacific Time on 07/22/2016 and shall continue until 11:59 PM Pacific Time on 08/05/2016. During the Judging Period, Bungie and its partners shall review the eligible Entries to determine the potential winners. Bungie and its partners may take into account the outcome of the Rating Period, the creativity, originality and the artistic merit of the Entries. All decisions regarding the potential winners shall be in Bungie’s sole and absolute discretion.
Within a reasonable time after the conclusion of the Approval Period, WeLoveFine may post the potential winners and/or winners on WeLoveFine’s website associated with the Promotion.
There is a limit of ten (10) Entries per person. The odds of winning depend on the number of ratings received.
In order to be eligible to win a Prize, the potential winners must provide WeLoveFine with all necessary information, including but not limited to tax identification information necessary for WeLoveFine to issue a 1099, W9, or W8BEN. 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 Bungie in its sole discretion – it can be replaced with a prize of equal value. Any prize details not specified above will be determined by WeLoveFine in its sole discretion. A prize may not be transferred and must be accepted as awarded. WeLoveFine is not responsible for damaged prizes.
- Notification and Requirements of Potential Winners: WeLoveFine 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 (5) business days after the notice is sent, Bungie 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 Bungie 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, WeLoveFine 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. WeLoveFine reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the submission 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, WeLoveFine reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by WeLoveFine to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to WeLoveFine by mail shall not be deemed proof of receipt of that communication by WeLoveFine. 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 WeLoveFine that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, WeLoveFine reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Promotion. In such event, no prizes will be awarded.
- Release and Limitations of Liability: By participating in the Promotion, you agree to release and hold harmless Bungie, WeLoveFine, Mighty Fine, and Licensor, and 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 errors; (d) lost, late, postage-due, misdirected, or undeliverable 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.
- Publicity: Except where prohibited, participation in the Promotion constitutes an entrant’s consent to WeLoveFine and Bungie’s use of his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.
- 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 Washington. 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 WeLoveFine in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Washington in the United States of America, without giving effect to any choice of law or conflict of law rules (whether of Washington or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Washington.
- Third Party Beneficiary. Bungie, Inc. is hereby designated as a third party beneficiary to your obligations under this Agreement, and may enforce the terms hereof against you in its sole discretion.
AFFIDAVIT OF ELIGIBILITY, LIABILITY AND PUBLICITY RELEASE
DESTINY DESIGN CONTEST
I, , hereby state:
- Neither I nor any of my immediate family or household members is employed by Bungie, Inc. (“Bungie”), Mighty Fine (“WeLoveFine”) nor by any other company associated with the DESTINY DESIGN CONTEST (the “Promotion”).
- I represent that I have complied with, and will continue to comply with, the Official Rules of the Promotion (attached hereto) 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 Bungie and its respective affiliates, 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, unless prohibited by law, grant to the Bungie 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, or/and agree to assign, Bungie all right, title and interest in and to the Design and the Entry, as such terms are defined in the Official Rules, including all trade dress, copyright, trademark and other intellectual property rights. Such assignment shall include Bungie’s unlimited ability to modify, amend or change the Entry and/or assign or license its rights in and to the Design and/or Entry.
- 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 Bungie upon Bungie’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, successors, and assigns.