Pokémon Masters Fan Art Festival Contest

OFFICIAL RULES


NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT IMPACT AN ENTRANT’S OPPORTUNITY TO WIN.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

The Pokémon Masters Fan Art Festival Contest (“Contest”) is sponsored by DeNA Co., Ltd., located at Shibuya Hikarie, 2-21-1 Shibuya Shibuya-ku, Tokyo 150-8510, Japan (“Sponsor”).
1. CONTEST PERIOD AND BRIEF OVERVIEW: The Contest begins on February 10, 2020, at 9:00 AM Pacific Standard Time (“PST”), and ends on February 23, 2020 at 11:59 PM PST (“Contest Period”). During the Contest Period, an eligible entrant can enter the Contest by submitting an original work of fan art by following the instructions set forth in Section 3 of these Official Rules. After the Contest Period, there will be a judging period (“Judging Period”) where one (1) first prize winner (“First Prize Winner”), two (2) Runners-up (“Runners-up”), and five (5) Honorable Mentions (“Honorable Mentions”), will be selected according to the judging criteria set forth in Section 5. The Judging Period will start at the commencement of the Contest, and will end on or about February 27, 2020. The First Prize Winner will be announced on or about February 28, 2020. In addition, Submissions that are approved will be posted on Sponsor’s official social media channels throughout the Contest. The First Prize Winner and Runners-up will have their Submissions featured in a banner that will serve as the Pokémon Masters’ Facebook and Twitter cover photos throughout the month of March, 2020.
2. ELIGIBILITY: This Contest is open to individual users of Pokémon Masters mobile application throughout the Contest Period who are at the time of entry, at least 13 years old in the United States, 16 years old in the European Economic Area, or the age of majority for all other jurisdictions within such user’s jurisdiction (“Entrant”). Contest is open to participants worldwide, except in Japan, South Korea, Hong Kong, Taiwan, and Macau. Employees, officers, directors, agents, representatives of Sponsor, the legal, promotion and advertising agencies of any aforementioned entity (collectively, “Contest Entities”), and their immediate family members (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and those living in their household (whether or not related), and each person or entity connected with the production or administration of the Contest, and each parent company, affiliate, subsidiary, agent and representative of any aforementioned entity are not eligible to participate in the Contest. All federal, state and local laws apply. Void where prohibited or restricted by law. By participating in this Contest, an individual who enters or participates in the Contest agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all matters pertaining to the Contest.
3. HOW TO ENTER: During the Contest Period, an eligible Entrant may create and submit an original creation of fan art (“Submission”) through the Pokémon Masters Fanart Festival Official Entry Form found here. All Submissions must follow the Submission Guidelines and Restrictions, as stated in Section 4 of these Official Rules. By entering the Contest, Entrant hereby agrees to terms and conditions set forth in these Official Rules.

Entry Limit: An Entrant may make only one (1) Submission per person. Submissions received from any Entrant in excess of the stated limit will be disregarded. Any Entrant attempting to use multiple identities to enter more than one Submission, such as by creating multiple identities or email addresses or any other similar methods, may be disqualified at Sponsor’s sole discretion.

Any data charges incurred shall be the sole responsibility of the Entrant. If an Entrant Tweets via SMS from his or her wireless phone, the Entrant’s wireless service provider may charge the Entrant for each text message sent and received. Entrants should consult their wireless service provider regarding its pricing plans. Message and data rates may apply.
4. SUBMISSION GUIDELINES AND RESTRICTIONS:

Each Submission:

a. Must be submitted through the Pokémon Masters Fanart Festival Official Entry Form found here.

b. Must be original artwork inspired by characters appearing in Pokémon Masters. There are no strict rules regarding what is considered to be “artwork”;
c. Must include sync pairs currently available in or officially announced to be added to Pokémon Masters (this includes both the Trainer and Pokémon that make up a sync pair);
d. Must include some form of “in-progress” proof to verify you are the original creator. Examples include line work (before color is applied), or some form of original, dated transcript (if your piece is a video/song/comic/etc.);
e. Must be newly developed and created by the Entrants exclusively for the Contest, and must have not ever been published previously or made publicly available (e.g., Submissions must not be posted on or have ever been posted on social media);
f.  Plagiarized Submissions, designs that have been developed for other purposes, or designs that have been used in the past by other organizations or companies will be not be accepted.
g. Must include the title and the description of the design;
h. Must be in one of the following file formats: pdf, doc, docx, png, jpg, jpeg, and gif, and must not exceed 16MB in size. If Entrant wishes to make a Submission that is not in these file formats or exceeds 16MB, Entrant may do so through an unlisted link to their original artwork. If the Submission is a video, Sponsor will create a screen capture of their favorite part from the video as the Entrant’s Submission;
i. If you are submitting your entry via private link to another platform, you must comply with all of that platforms terms and conditions.
j. Must follow the instructions and comply with these Official Rules;
k. Must not contain material that violates or infringes another's rights, including, but not limited to, privacy, publicity or intellectual property rights, including copyright infringement (including, but not limited to logos (manufacturer or carrier), trade names, or patented features);
l. Must not disparage Sponsor, Pokémon Masters, or the Pokémon brand, or any other person or party affiliated with the promotion and administration of this Contest;
m. Must not in any way mention, refer or otherwise allude to the name, logo or trademark of any entity, individual, product or brand other than those of Sponsor and its brands;
n. Must not promote any cause other than the Contest theme, which includes but is not limited to illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any
o. Must not include personally identifiable information, including but not limited to phone numbers;
p. Must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous (as determined by Sponsor at Sponsor’s sole discretion);
q. Must not contain, facilitate, reference, or use material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status, or age (as determined by Sponsor at Sponsor’s sole discretion);
r. Must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way; and
s. Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.
By submitting a Submission, each Entrant agrees that his or her Submission conforms to the Submission Guidelines and Restrictions set forth above and that Sponsor may, at its sole and absolute discretion, disqualify him or her from the Contest if Sponsor decides that his or her Submission fails to conform to the such requirements or any other provision of these Official Rules.

Each Entrant further agrees to release and hold harmless Contest Entities from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes Entrant’s rights with regard to any Submission. Although each Submission will be reviewed by the Sponsor before being judged, posted or published, the posting or publication of a Submission does not mean the Submission has been deemed to be in compliance with these Official Rules. Any Submission that does not comply with these Official Rules or that otherwise contains prohibited or inappropriate content as determined by Sponsor, in its sole and absolute discretion, will be disqualified, and if posted on any websites related to this Contest, removed there from.
Licenses: Entering a Submission constitutes Entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, nonexclusive license to use, reproduce, modify, publish or create derivative works from and display the Submission in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, Entrant will sign any documentation that may be required for Sponsor or its designees to make use of the nonexclusive rights Entrant is granting to use the Submission. This license expressly includes a right (but not the obligation) for Sponsor to modify submissions to remove any third party intellectual property. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each Entrant irrevocably waives any and all so-called moral rights they may have therein. Each Entrant hereby acknowledges that such Entrant does not reserve any rights in or to the Submission.

Sponsor grants Entrants a limited, revocable, non-sublicensable license to use the likeness of the characters appearing in Pokémon Masters, Sponsor’s name, product, trademarks and logos (collectively, “Sponsor’s IP”) for the sole purpose of entering this Contest. Entrants are not permitted to make any further use of Sponsor’s IP for any other purpose whatsoever. In addition, Entrants recognize that all rights, titles and interests in Sponsor’s IP shall vest exclusively to the Sponsor, and Entrant agrees that he or she has not and will not take any action that might harm or adversely affect such rights. No rights, titles or interests in and to the Sponsor’s IP, except for the limited license granted to Entrant in these Official Rules, are transferred or created. Each Entrant further acknowledges and agrees that Sponsor’s IP rights are valid and enforceable, and that Entrant shall do nothing to challenge the validity or enforceability of Sponsor’s IP in any forum. Entrants agree that the use of Sponsor’s IP is permitted only for the purpose of making a submission in this Contest, and that any use of Sponsor’s IP (whether in the Submission or otherwise) beyond this scope infringes the rights of Sponsor and will result in irreparable harm to Sponsor (and or its licensors, as applicable).
5. JUDGING AND WINNER SELECTION: During the Judging Period, all eligible entries received during the Contest Period will be judged by a qualified panel of judges selected from the Sponsor’s marketing and brand teams (“Judges”). The Judges will score each eligible Submission according to the following judging criteria: (1) “Originality”, (2) “Creativity”, (3) “Relevance to Contest theme”, and (4) “Public Appeal”. Prizes will be awarded in the following order: Submission with the top score wins First Prize, the next two Submissions with the highest scores win Runners-up, and the following five Submissions with the highest scores win Honorable Mentions. The winners are deemed potential winners subject to verification of their eligibility and compliance with these Official Rules. Odds of winning depends on the number of entries received, and the judged level of criteria, of the Submission.
6. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):

First Prize (x1 winner): 15,100 gems (ARV US$150) / winner 

Runners-up (x2 winners): 10,000 gems (ARV US$100) / winner

Honorable Mention (x5 winners): 3,000 gems (ARV US$30) / winner

Prize Conditions: Prize is non-transferable, non-assignable and no substitution, exchange or cash equivalent will be allowed, except by Sponsor at Sponsor’s sole discretion. Prize may not be redeemed for cash, nor may they be transferred or offered for sale or auction, and can be substituted only, at Sponsor’s sole discretion, with prize of equal or greater value. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Any portion of the prize not accepted by a winner will be forfeited, and the Sponsor and Contest Entities shall not be responsible for any inability of winner to accept or use any portion of a prize for any reason. All applicable federal, state, local taxes, and all other fees, costs, expenses and charges not specifically identified in these Official Rules as a prize element, are the sole responsibility of the prize winner.
7. HOW TO CLAIM A PRIZE: On or about February 28, 2020, the potential winners will be sent an email notification with instructions on how to claim the prizes which includes, without limitation, providing applicable documents and the time frame in which the potential winner may claim the prize. The prize may be forfeited and awarded to the Entrant whose Submission received the next highest score from the Judges as set forth in Section 5 of these Official Rules. Prizes will be fulfilled around mid-March of 2020 after winner verification.
8. NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Submission for any reason, with or without legal justification or excuse, and participants shall not be entitled to any damages or other relief by reason thereof.
9. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Sponsor and Contest Entities is not a confidential, fiduciary, or other special relationship, and that the Entrant's decision to provide the Entrant's Submission to Sponsor for purposes of the Contest does not place the Sponsor or Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant's Submission. Each Entrant understands and acknowledges that the Sponsor and Contest Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas and designs are constantly being submitted to it or being developed by their own employees and agents. Each Entrant also acknowledges that many, ideas, designs or photos may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Sponsor or Contest Entity's use of any such similar or identical material.
10. DATES & DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Entrants who will participate in the Contest.
11. FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each participant agrees to sign the same upon Sponsor’s request therefor.
12. LIMITATION OF LIABILITY: By participating in this Contest, Entrants agree that the Sponsor, Contest Entities, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage, or electronic transmission due or undeliverable email notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/page/usenet accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction, or unauthorized access to any Contest-related website(s). The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Contest and/or accepting a prize. The Released Parties shall not be responsible or liable for entries that are entered by any automated computer, program, mechanism or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, at Sponsor’s sole discretion, be disqualified.

If, for any reason, a Submission is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as a Submission in the Contest, the Entrant’s sole remedy is to enter the Contest again to upload another Submission. If, for any reason, the Contest is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest and/or proceed with the Contest, including the selection of the prize winner in a manner it deems fair and reasonable, including the selection of prize winners from among eligible entries received prior to such cancellation, termination, modification or suspension.
By entering the Contest, each Entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Contest; and (iv) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Contest, including, but not limited to, any Contest-related activity or element thereof, and the Entrant’s entries, participation or inability to participate in the Contest; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Contest materials; (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Contest; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof); (i) any technical malfunctions or unavailability of any network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, Internet service provider, or mail service utilized by any of the Released Parties or by an Entrant; (j) interruption of or inability to access the Contest, or any other Contest-related website(s) or any online service via the Internet due to hardware or software compatibility problems; (k) any damage to Entrant’s (or any third person’s) equipment used to access the Contest and/or its contents related to or resulting from any part of the Contest; (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions; (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries; (n) any wrongful, negligent or unauthorized act or omission on the part of any of the Released Parties; (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (p) the negligence or willful misconduct by Entrant.
Without limiting the foregoing, everything regarding this Contest, including the prize components, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
13. DISPUTES: EXCEPT WHERE PROHIBITED BY LAW, THIS CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, USA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES COUNTY, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN LOS ANGELES COUNTY. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
14. PRIVACY POLICY: Any personally identifiable information collected during an Entrant’s participation in the Contest will be collected by Sponsor or designee and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules and in accordance with Sponsor’s Privacy Policy, as stated here.
15. PUBLICITY RIGHTS: By participating in the Contest and/or accepting the prize, each Entrant agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use his or her name, biographical information, photos, videos, entries, and/or likeness, and statements for Contest, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including live television, worldwide, including, but not limited to, on the world wide web and internet, without notice, review or approval and without additional compensation except where prohibited by law.
16. GENERAL: Any attempted form of participation in this Contest other than as described herein is void. If it is discovered or suspected, at Sponsor’s sole discretion, that an Entrant has registered, entered or attempted to enter more than one Submission per Entrant, using multiple email addresses, identities, proxy servers or like methods, all of that Entrant’s entries may be declared null and void, and that Entrant may be ineligible to win a prize. In the event of a dispute as to the identity of prize winners, the winning entry will be declared made by the authorized account holder of the email address used to register for the Contest. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor reserves the right to disqualify any individual found, in Sponsor’s sole discretion, to be tampering with the operation of the Contest, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Contest. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Contest may void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE, OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in any Contest promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Contest as set forth in these Official Rules shall prevail. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
17. WINNER LIST: The winners list can be obtained through the mail by sending the request and a self-addressed, stamped envelope to: Pokémon Masters Fan Art Festival Contest - Winners List, DeNA Corp., 360 N. Pacific Coast Hwy Suite 2000, El Segundo, CA 90245, U.S.A.  Requests must be received no more than 90 days after the end of Contest. Winner's notice will be sent after all prizes have been awarded.

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