Community Merchandise Design Contest Rules

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DEAR JACK FOUNDATION, INC
MERCHANDISE DESIGN CONTEST RULES

1. SPONSOR. Sponsor is Dear Jack Foundation, INC., 3858 Walnut Street, Suite #120, Denver, Colorado, 80205, USA (“Sponsor”).

2. THE CONTEST. The Sponsor is calling for submissions of original, unpublished, still-media artwork (“Artwork”) appropriate for use as or on promotional and commemorative merchandise for the Dear Jack Foundation (the “Contest”). The Sponsor will select, from qualified submissions, one entry to be used as merchandise design Artwork for a short merchandise campaign. Entrants are encouraged to submit Artwork that reflects, represents or alludes to some aspect of the Dear Jack Foundation and its mission. This is a skill-based contest and chance plays no part in the determination of winners. There is no fee to enter, no purchase is required, and purchase will not improve chances of winning.

3. TIME FOR SUBMISSIONS. Artwork may be submitted beginning at 12:00 a.m. US Mountain Time on February 14, 2019, and ending at 5:00:00 p.m. US Mountain Time on March 14, 2019 (the “Contest Term”). Entries will be accepted only during the Contest Term, and only online submissions in accordance with these Official Rules will be accepted. By submitting an entry, each entrant agrees to these Official Rules and warrants that his or her entry complies with all requirements set out in these Official Rules.

4. WHO MAY ENTER. The Contest is open only to residents of the United States of America who have reached the age of majority in their jurisdiction of residence. Employees of the Sponsor, its advertising agencies and their respective subsidiaries and affiliates, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they live) or persons living in the same households of such employees, whether or not related, are not eligible. The Contest is void where prohibited. Entrants may submit only Artwork which they created and own and may not submit the Artwork of any other person.

5. HOW TO ENTER. To enter, go to www.dearjackfoundation.org/communitymerchdesign and read through the artwork requirements, click the link to the application form, fill in the registration information, upload your entry and agree to the terms and conditions. In the “Title” section, include a description of your Artwork. Entrants must be the registered subscriber on the email account from which the entry is made.

6. ARTWORK REQUIREMENTS. There is no limit on the number of entries per person, but each entry must comply with the following requirements (the “Artwork Requirements”):

• All entries must be capable of being posted on Facebook and other social media sites (only online entries will be eligible). This requires either that the Artwork be in digital media or that a digital photograph of the Artwork be made and posted in accordance with the rules, terms and conditions adopted by Facebook and Instagram. Each file must be in JPEG or JPG format and otherwise comply with Facebook and Instagram’s requirements for posting photographs.

• The Sponsor will select certain submissions that it desires to consider further and will contact the entrant, via email, to arrange to obtain the original Artwork for further review and consideration.

• If the Artwork is selected for use as merchandise, the winning images must be submitted to Sponsor in their original form or in the highest resolution possible so that they may be incorporated into the poster.

• All Artwork must be a single work of original and previously unpublished material created by the Contest entrant, must not constitute copyright infringement or fraud, and must not have been submitted to another contest, promotional event or for publication. By entering the Contest, entrant represents, acknowledges, and warrants that the submitted Artwork is an original work created solely by the entrant, that it does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim, or interest in the Artwork.

• The Artwork must not, in the sole and unfettered discretion of the Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.

• The Artwork must adhere to the judging requirements, and not use the likeliness or images of Andrew McMahon in the Artwork.

All qualified entries will be judged separately in accordance with the Judging Criteria described below. All entries must be submitted and received by the end of the Contest Term. Proof of submission is not proof of receipt. Sponsor reserves the right to examine the original Artwork or source material in order to confirm compliance with these Official Rules.

7. JUDGING AND JUDGING CRITERIA. The Sponsor will create a judging panel for the merchandise design Artwork entries (the “National Panel”). Beginning at 12:00 a.m. US Mountain Time on March 18, 2019 through 11:59 PM March 25, 2019 US Mountain Time (the “Voting Period”), selected judges will select their top 3 designs. The Sponsor reserves the right to determine the size and make-up of the judging panel. The Sponsor also reserves the right, in its discretion, to submit any other to the National Panel for judging or to refuse to submit any entry to the judging panel. The panel will review the submissions given to it by the Sponsor and recommend 3 designs from those submitted to it. The Sponsor will then determine the top 3 Artworks which might or might not be the entry recommended or reviewed by a judging panel. Sponsor reserves the right to choose none of the submitted Artwork entries for the merchandise design Artwork . Each submitted Artwork entry will be judged based on quality, originality, theme and relationship to the Dear Jack Foundation and it’s values. Beginning at 1:00pm US Mountain time on April 2, 2019 and ending on April 8, 2019, anyone will be able to vote on the top 3 National Panel selections, considered to then be voted as “fan favorites” among the 3 submissions that comply with the Artwork Requirements and that the Sponsor and National Panel deems appropriate by going to www.facebook.com/dearjackfoundation and voting via the image poll. The top fan favorite for the merchandise design Artwork entries, as determined by the Sponsor at the end of the Voting Period, will be selected as the winning Artwork. The winner will be chosen on or around April 10, 2019 through April 15, 2019, and notified by the email used to submit the entry. Decisions of the Sponsor are final and binding. Along with a winner notification, the winner must agree, in writing, to the terms of use of their artwork, which will be directly communicated to the winner by a representative of the Dear Jack Foundation. Failure to agree to the terms of use in writing, may result in disqualification.

8. RELEASES. Potential winner shall be required to sign and return within ten (10) days following an attempted notification, an Liability Release and Warranty of Ownership and License in which the entrant warrants that he/she is the owner of the Artwork (and all the intellectual property rights in the Artwork submitted) and confirms that, as described below, title to the Artwork, and all rights derived from and associated therewith, have been transferred to Sponsor without additional compensation. Failure to execute and deliver any required documents to Sponsor by the specified deadline may result in disqualification from the Contest, and selection of an alternate potential winner.

If the Artwork contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the Artwork, the entrant is responsible for obtaining, prior to submission of the Artwork, any and all releases and consents necessary, in the Sponsor’s determination, to permit the exhibition and use of the Artwork in the manner set forth in these Official Rules without additional compensation. If any person appearing in any Artwork is under the age of majority in their state/province/territory of residence, the signature of a parent or legal guardian is required on each release.

Upon Sponsor’s request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor’s request) a signed release from all persons who appear in the submitted Artwork, from the owner of any material that appears or is incorporated in the Artwork, from the copyright owner of any sculpture, artwork, or other copyrighted material that appears in the Artwork, and from the owner of any private property included in the Artwork, authorizing Sponsor and its licensees (“Authorized Parties”) to reproduce, distribute, display, and create derivative works of the Artwork in connection with the Contest and promotion of the Contest, in any media now or hereafter known. All releases must be in the form provided by Sponsor. Failure to provide such releases upon request may result in disqualification at any time during the Contest and selection of an alternate winner.

For the purposes of these Official Rules, the entrant will be deemed to be in receipt of Sponsor’s request or notification, (a) in the event that Sponsor sends the request, using information provided by the entrant on its entry form, by postal mail, five business days after the request was sent by Sponsor, or (b) in the event that Sponsor sends the request by email, using information provided on entrant’s entry form, on the day that the email was sent by Sponsor.

9. CONTEST WINNER. If Sponsor determines, in its sole discretion, that the submitted Artwork entries are suitable for use as a Merchandise design Artwork , the Sponsor may select one (1) Merchandise design Artwork winner. The Artwork submitted by the winner will appear as the Merchandise design Artwork in the Sponsor’s sole discretion, for one short-term merchandise campaign. Sponsor reserves the right to use only a portion of the winning Artwork and will have sole discretion as to if and how the Artwork appears on merchandise. The Sponsor will showcase the winner’s Artwork during the merchandise campaign. The winner will get one merchandise item of their choice, with their Artwork on it. The Sponsor reserves the right to substitute any prize for cash or a non-cash prize of equal or greater value. Otherwise, no substitutions.

10. RIGHTS TO ARTWORK. By submitting Artwork for consideration, including Artwork which is not selected as a Merchandise design Artwork winner, the entrant grants the Sponsor the exclusive, worldwide right and license to use, publish, adapt, edit and/or modify such entry in any way, in any and all media worldwide, without limitation or compensation to the entrant, through December 31, 2019 (the “License Period”). During the License Period, the Sponsor will have the sole and unfettered right to use, license, sell and reproduce the Artwork in any manner in Sponsor’s sole discretion, including the right to use, in any form, in whole or in part, on websites and other promotional materials, and to use and distribute the Artwork to the media for promotional and other purposes, whether in connection with the Dear Jack Foundation or otherwise. Ownership of Artwork will remain with the person submitting it unless and until it is selected by the Sponsor as a Merchandise design Artwork winner, at which time all right, title and interest in and to the Artwork, the copyright therein, reproduction rights, and the goodwill associated therewith, will automatically and without further action, be transferred to and become the property of the Sponsor, worldwide and in perpetuity, without any consideration paid by the Sponsor to the entrant.

Additionally, by entering, each entrant grants to Authorized Parties the unrestricted right to use all statements made in connection with the Contest, and pictures or likenesses of Contest entrants, or choose not to do so, at their sole discretion. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. No Artwork submitted for consideration by the Sponsor will be returned.

11. LIMITATION OF LIABILITY. By entering this Contest, all entrants agree to release, discharge, and hold harmless the Sponsor, all social media platforms, and their respective partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, and damages arising out of their participation in this Contest or any Contest-related activities and Sponsor’s use of the submitted Artwork in any manner.

The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest entries or entry forms; or alteration of entries or entry forms. The Sponsor is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants’ or any other persons’ computers related to or resulting from participation, uploading or downloading of any materials related to in this Contest.

12. CONDITIONS. THIS CONTEST IS VOID WHERE PROHIBITED. Entrants agree that this Contest shall be subject to and governed by the laws of the state of Colorado, and the forum for any dispute shall be in the federal or state courts sitting in Denver, Colorado, United States of America. Each entrant submits to the jurisdiction of and waives any objections to venue in such courts. To the extent permitted by law, the right to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or on connection with this Contest are hereby excluded and any entrant expressly waives any and all such rights. Certain other restrictions may apply. Entries void if the Sponsor determines the Artwork to not be an original, or if the entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.

By entering, entrants also agree (a) to be bound by these Official Rules; (b) that the decisions of the Sponsor are final and binding with respect to all matters relating to the Contest; and (c) if the entrant wins, that Sponsor may use the winning Artwork and each winner’s name, photograph, likeness, and/or voice in any publicity or advertising relating to the Contest or future promotions without compensation or approval (except where prohibited by law). In the event that any selected winner is determined to be ineligible or cannot be traced or does/do not respond within ten (10) days to a winner notification as required by these Official Rules, Sponsor, in its sole discretion, may choose whether to select an alternative winner.

The Sponsor reserves the right to verify the validity and originality of any entry and/or entrant (including an entrant’s identity and address) and to disqualify any entrant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry process. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.

13. RIGHT TO CANCEL OR SUSPEND CONTEST. If for any reason the Contest is not capable of running as planned, including 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 the Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest. If Sponsor elects to cancel or terminate the Contest, the Sponsor may, in its sole discretion, select winners from submitted Artwork received as of the time of cancellation or termination.

14. WINNER LIST. Winner’s name will be available on social media platforms after May 15, 2019. Alternatively, for the name of the winner send a self-addressed, stamped envelope to Dear Jack Foundation, Merchandise Design Contest, 3858 Walnut Street, Suite #120, Denver, CO 80205.

15. DATA PRIVACY. Entrants agree the personal data which is included on the entry form, especially name and address, may be processed, shared, and otherwise used for the purposes of the Contest and for any other lawful purpose, including to verify the entrant’s identity, address, and telephone number or to otherwise verify the entrant’s eligibility to participate in the Contest. Entrants have the right to access, review, rectify, or cancel any of their personal data held by Sponsor by writing to Dear Jack Foundation, Merchandise Design Contest, 3858 Walnut Street, Suite #120, Denver CO 80205.

This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, or any other social media site and each entrant understands that he/she is providing his/her information to the Sponsor and not to social media platforms.