Official Rules for the Rick and Morty Design Contest
No Purchase Necessary. A Purchase Will Not Increase Your Chances of Winning.
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. The Hot Topic Rick and Morty Design Tee and Apparel Contest (the “Contest”) begins October 18, 2017 and ends November 15, 2017. Must be 14 or older to enter who, at the time of entry, reside in and are physically located in the United States, the District of Columbia, Puerto Rico and Canada (excluding Quebec). One (1) winner will win $2,000, four aditional finalists to win $300. Ten entries per account during the Sweepstakes period. Total ARV of all prizes is $3,200. Void where prohibited. See Official Rules for additional eligibility restrictions and complete details. Sponsored by Hot Topic, Inc., 18305 E. San Jose Ave, City Of Industry, CA, 91748 United States (“Sponsor”) and administered by Imaginary People, 2010 E. 15th Street, Los Angeles, California, 90021 United States (“Administrator”)
ALL ENTRANTS AGREE TO RESOLVE ANY DISPUTE BY BINDING ARBITRATION AND SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
Sponsor and Administrator: The Promotion is sponsored by Hot topic, Inc. (“Sponsor”). The Promotion is administered by Imaginary People, 2010 E. 15th Street, Los Angeles, California, 90021 (“Administrator”). Sponsor is an authorized licensee of Rick and Morty Characters, B.V. (“Rick and Morty”).
Eligibility: NO PURCHASE NECESSARY. The design tee and apparel contest (the “Promotion”) featuring Cartoon Network’s characters is open to anyone who is at least fourteen (14) years of age and who, at the time of entry, reside in and are physically located in the United States, the District of Columbia, Puerto Rico and Canada (excluding Quebec). All applicants between the ages of fourteen (14) and the age of majority within their respective state must have their parent/legal guardian enter on their behalf. Employees of the Sponsor, Imaginary People, Cartoon Network (collectively along with its parents, subsidiaries, and affiliates, “Rick and Morty”), 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 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 October 18, 2017 and ends at 11:59 PM Pacific Time on November 15, 2017 (the “Submission Period”). Entries submitted before or after the Submission Period will not be eligible. For Fans by Fans’ 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 or apparel design to Imaginary People. The tee shirt graphic or apparel design should be original, creative and with artistic merit, and designed to showcase the theme of Rick and Morty (the “Design”).
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 must 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.
PROPERTY Design Elements: By uploading 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 Rick and Morty’s Elements. You are not granted any rights to use Rick and Morty’s Elements for any other purpose. Rick and Morty’s Elements are defined and 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 Cartoon Network, its affiliates, or its/their licensors, or any variation thereof.
If requested, entrant, or entrant’s parent or legal guardian, will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the entry. Released Parties (as defined in the Release section below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected entries; all of which will be void.
In the event of a dispute over the identity of any potential winner, the entry will be declared made by the authorized account holder of the account used for entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her email during the Promotion.
Grand Prize (1): $2,000
Finalist Prize (4):$300
*All winning designs will be put into consideration for printing (Subject to licensor approval)
Submission Entry Requirements: Your Entry (a) must be created by the entrant using only the Authorized Content (as defined in the Contest Rules); that is, it cannot contain any other text or images of any kind or otherwise contain material added by the entrant that violates any law or infringes any third party’s rights including, but not limited to, copyrights, trademark rights, or rights of privacy and publicity: (b) must not depict any risky behavior, as determined by Sponsor in its sole discretion; (c) must not communicate messages or images inconsistent with the Sponsor’s or Rick and Morty’s brand, as determined by Sponsor or Rick and Morty, in their sole discretion, respectively; (d) must be created and submitted by an eligible individual who hereby acknowledges and agrees that the provision of any and all services in connection with the t-shirt design are not subject to the provisions of any collective bargaining or guild agreement; (e) must not be created or submitted by anyone 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; (f) cannot be sexually explicit, pornographic, violent (e.g., relating to murder, weapons, cruelty, abuse, etc.), or depict tobacco or alcoholic products, as determined in the sole discretion of the Sponsor; (g) cannot depict or encourage illegal behavior (e.g., underage drinking, substance abuse, computer hacking, etc.), as determined in the sole discretion of the Sponsor; (h) cannot be offensive, threatening, profane, defamatory, discriminatory, harassing, inappropriate or otherwise objectionable, as determined by the Sponsor in their sole discretion; (i) cannot include website addresses, phone numbers, license plates or personally identifiable information for any individual or entity or otherwise violate the privacy rights of any individual or entity; (j) must otherwise comply with these Official Rules.
Participants who, in the sole discretion of Sponsor, submit a t-shirt design that fails to meet any of these entry requirements will be disqualified.
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 Rick and Morty’s 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. Cartoon Network), 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: Prizes shall be awarded as they are determined, based on the Official Rules. The “Rating Period” of the Promotion will begin at 12:01 AM Pacific Time on October 18, 2017 and will end at 11:59 PM Pacific Time on November 22, 2017. During the Rating Period, all eligible Entries will be displayed on For Fans by Fans’ website, and anyone with a registered account on For Fans by Fans’ website will be able to submit one (1) rating per entered Design. In the event For Fans by Fans, 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, For Fans by Fans 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 November 15, 2017 and shall continue until 11:59 PM Pacific Time on December 6, 2017. During the Judging Period, Sponsor shall review the eligible Entries to determine the potential winners. Highest rated designs will be sent to the licensor for review and approval. The panel of judges to review the designs based on the following equally weighted criteria: Creativity, Originality and Artistic Merit of the Entries. The finalists will be determined by the Sponsor after the Grand Prize and Guest Judge and Retailer Judges Prizes are selected. 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, Administrator shall post the potential winners and/or winners on Administrator’s website, www.forfansbyfans.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 five (5) 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 BE TREATED AS PAYMENT FOR WORK FOR HIRE AND NO ADDITIONAL PAYMENT FOR DESIGN WILL BE PROVIDED. 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 a 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 (5) 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 (or its designee) 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, Administrator, Rick and Morty, 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 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.
Disputes:As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree: (a) to release Sponsor, Contest Entities, and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participating in the Contest or the awarding, receipt, possession, and/or use or misuse of any prize or any travel related thereto. Any controversy or claim arising out of or relating to the Contest shall be settled by binding arbitration in a location determined by a single arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) located at www.adr.org. The judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the AAA Rules and Procedures. The arbitrator shall apply the laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. The prevailing party shall be entitled to an award by the arbitrator of reasonable attorneys’ fees and other costs reasonably incurred in connection with the arbitration. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS, INCLUDING WITHOUT LIMITATION LEGAL CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES, DEMANDS OR ACTIONS OF ANY KIND (INCLUDING WITHOUT LIMITATION PERSONAL INJURIES, DEATH, DAMAGE TO, LOSS OR DESTRUCTION OR PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION, OR PORTRAYAL IN A FALSE LIGHT) (COLLECTIVELY, “CLAIMS”), WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
Results: To request a winners list, send a self-addressed, stamped envelope to Imaginary People, 2010 E. 15th Street, Los Angeles, California, 90021, Attention: Rick and Morty’s Design Contest Results. Requests must be received by 03/31/2018. 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 PROPERTY’S TEE DESIGN CONTEST
I, , hereby state:
Neither I nor any of my immediate family or household members is employed by Imaginary People (“the Administrator”) or Hot Topic (the “Sponsor”) nor by any other company associated with Rick and Morty Characters, Inc. or its parent companies, affiliates, or subsidiaries (collectively, “Rick and Morty”).
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, Administrator, Rick and Morty 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, Rick and Morty, 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, Rick and Morty, 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, Rick and Morty, 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,
(Parent’s Signature if Entrant is under age of majority)
Name of Entrant (if under age of majority)