You must read these Official Rules before entering the "Gaia Shop" Item Design Contest (the 'Promotion'). All entrants ('Entrants') agree to be bound by these "Gaia Shop" Item Design Contest Official Rules (the 'Official Rules') posted by Gaia Interactive. (the ‘Sponsor’)
How to Participate/Eligibility. Starting at 12:00 p.m. Pacific Time (PT), Month 00, 20** , and continuing through 11:59 p.m. Pacific Time (PT), Month 00, 20** ('Promotion Period'), visit the web site http://www.gaiaonline.com/mediacontest/*, register and submit electronically a design for a Gaia Online Virtual Item.
Entrant must also supply a valid email address as part of the registration process and such other identification information as is requested. No entries will be accepted after the Promotional Period. Each Entrant must be an individual who is at least the age of majority in his or her jurisdiction of residence for the duration of the Promotion Period or have their guardian's permission to enter. Sponsor, in its sole discretion, shall determine the eligibility of Entrants and the time of entry.
Entries must adhere to the following requirements:
- Entries must be created in a simple, Gaia-compatible web-based format and drawn on the provided template. Template may not be cropped. No screenshots, copy/pasted images, photos or references are allowed. Hand-drawn entries may be submitted if they are drawn directly on the template and follow all other rules for entry.
- Each entry must contain only one item design. Color variations do not count as separate designs and may be submitted on the same template.
- Entries must be original, created by the entrant and the entrant must have all rights necessary to submit the entry.
- Entries must not be weapons, faces/expressions, wings, skins, halos, horns, makeup, headphones, body mods, hair/wigs, pets/plush/animals, animated items, background, multi-pose items or date/companion items.
- Entries must not be identical or compete with items currently existing on Gaia Online.
- Entries must not, in the sole discretion of the Sponsor, contain any sexually explicit, profane, disparaging, libelous or other inappropriate content.
- Entries must not, in the sole discretion of Sponsor, contain any commercial content that promotes any product or service.
Employees, independent contractors, officers, and directors of Sponsor, its affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisers, the judges, and the immediate family members and persons living in the same household of such persons, are not eligible to enter or win a prize in the Promotion.
By registering for or participating in the Promotion, Entrant agrees to abide by and be bound by these Official Rules and any decision Sponsor or its designees make regarding any matters relating to the Promotion. Entrants who do not comply with the Official Rules are not eligible to compete or win a prize. All decisions made by Sponsor or its designees shall be final and binding. Sponsor reserves the right to disqualify from the Promotion, and any future contest or other promotion conducted by Sponsor, and to prosecute to the fullest extent permitted by law, any Entrant who, in Sponsor's reasonable suspicion, tampers with any of Sponsor's sites, the entry process, the Promotion, acts in an unsportsmanlike or disruptive manner, violates these Official Rules or any other reason determined by the Sponsor. In the event of disqualification of a winner, Sponsor may replace the winner with the next runner-up at the sole discretion of the Sponsor.
By participating in the Promotion, each Entrant grants to Sponsor a non-exclusive, worldwide, fully paid, royalty-free, perpetual, transferable, sublicensable, irrevocable license to reproduce, copy, display, transmit, perform, distribute, store, modify and otherwise use (including the right to make derivative works of) the entry, materials and information submitted on and in connection with the Gaia website, the Gaia store, Gaia products and services, and Gaia marketing collateral, in any form, medium or technology. By submitting any entry or accepting any prize, the winner assigns all right, title and interest in his or her entry to Sponsor. Each participating Entrant hereby waives his or her moral rights in any such entries, materials and information, and hereby warrants that any such entries, materials and information are original with Entrant and do not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.
If the entry contains any material or elements that are not owned by Entrant and/or which are subject to the rights of third parties, Entrant represents he or she has obtained, prior to submission of the entry, any and all releases and consents necessary to permit use and exploitation of the entry by Sponsor in the manner set forth in the Official Rules without additional compensation, including, without limitation, likeness releases for any person whose name, and/or likeness appears in the entry.
Each Entrant warrants that the entries, materials and information submitted do not contain information considered by Entrant's place of business or any other third party to be confidential, and that the entries, materials and information submitted do not violate or infringe the rights of any third parties or violate any laws or regulations. Each Entrant agrees that he or she shall have no recourse against Sponsor for any alleged or actual infringement or misappropriation of any proprietary right in an Entrant's entry.
By participating in the Promotion, Entrant consents to Sponsor's use of his or her name, photograph and/or likeness, address, voice, and statements made by or attributed to him or her, in perpetuity, in any and all media now known or hereafter developed (including, without limitation, print, broadcast, and Internet), for all business purposes including advertising and promotional activities without additional compensation, notice or approval, unless prohibited by law.
Sponsor reserves the right to changes these rules at any given time for any purpose without explanation.
Contest Categories and Judging
Entries will be judged according to the following criteria:
- ORIGINALITY: 1/3rd
- CLARITY OF PRESENTATION OF IDEA: 1/3rd
- FEASIBILITY OF CONVERSION TO GAIA ITEM: 1/3rd
Gaia or its designees will review all eligible entries and select the winners ('Winners').
Only one submission per user per contest can win.
Sponsor reserves the right to award any number of winners per contest.
Because the Promotion is a contest of skill, winning is dependent on the quality of submissions received.
Any submissions that are found to break any of these rules at any point of time including after the completion of the contest can be removed permanently off the site at the discretion of the Sponsor.
Finality of Decisions. All decisions of the Sponsor are final and binding in all matters relating to this Promotion.
Prizes. Winner will have his or her entry adapted by Gaia artists and turned into a Gaia item on sale for Gaia Gold on the Gaia website. Sponsor shall determine the time period for the design and sale of the Gaia item in its sole discretion.
ALL COSTS NOT SPECIFICALLY ENUMERATED IN THESE OFFICIAL RULES (INCLUDING TAXES) ARE THE SOLE RESPONSIBILITY OF THE WINNER.
Notification of Winner. Winner may be attempted to be notified. Winner may be notified by email or Gaia personal message and may be required to sign and return an declaration of eligibility and compliance with these Official Rules, a publicity/liability release (unless prohibited by law), and any other requested documents within the time period stipulated in the documents. Failure to comply with this requirement may result in disqualification. Any notification returned as undeliverable may result in disqualification. In the event of a dispute about the identity of an Entrant, entries will be declared submitted by the Authorized Account Holder of the email address submitted at time of entry. "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an Internet access provider or online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Winner may be required to provide Sponsor with proof that he or she is the Authorized Account Holder of the email address associated with the winner.
Disclaimer and Limit of Liability: GAIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR ANY ENTRANTS PARTICIPATION IN THE PROMOTION. GAIA SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE PROMOTION, OR WINNING OR USE OF A PRIZE, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS PROMOTION; AND (V) ANY OTHER CONDITION THAT MAY CAUSE THE PROMOTION TO BE DISRUPTED OR CORRUPTED. GAIA RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE PROMOTION OR ALTER THE RULES FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE PROMOTION.
Release: BY ENTERING THE PROMOTION, EACH ENTRANT RELEASES AND AGREES TO HOLD HARMLESS GAIA AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING THE PROMOTION; (II) ACCEPTANCE OR USE OF ANY PRIZE; AND (III) OTHERWISE ARISING OUT OF OR RELATING TO THE PROMOTION.
Governing Law. The Promotion and the rights and obligations of Sponsor and Entrants will be governed by and controlled by the laws of the State of California, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of California, Santa Clara County. The parties consent to the jurisdiction of the state courts of California and federal court located within such state and county with respect to any action, dispute or other matter pertaining to or arising out of the Promotion.
Sponsor. Sponsor of the Promotion is Gaia Interactive, Inc. ('Sponsor' or 'Gaia'), PO Box 612680, San Jose, CA 95161-2680. All questions regarding the Promotion should be directed by e-mail to email@example.com
Winner Lists. Individuals may request the name of the winners by sending an e-mail to firstname.lastname@example.org or submitting a self-addressed, stamped, envelope to Gaia GDC Shop Item Contest Promotion, Winners' List Request, PO Box 612680, San Jose, CA 95161-2680. Residents of Vermont may omit return postage.
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