CREATING THE BANNER
1. ELIGIBILITY: The Creating the Banner Contest (“Contest”) is open to legal residents of the United States or the District of Columbia who are at least 18 years of age and who have Internet access prior to the Contest start date (“Contestants”). This Contest is sponsored by Versus Evil LLC, 815 Brazos Street, Suite 900, Austin, TX 78701 (“Sponsor”). Employees, officers, directors, agents, representatives of Sponsor, Stoic LLC, the legal, promotion and advertising agencies of any aforementioned entity (“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. This Contest is subject to all applicable federal, state and local laws. Contest is void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions, and wherever else restricted or prohibited by law.
2. CONTEST PERIOD: The Contest Submission Period begins on January 23, 2014 at 12:01 a.m. Pacific Time (“PT”), and ends on March 13, 2014 at 11:59 p.m. PT (the “Contest Period”). ALL ENTRIES MUST BE SUBMITTED DURING THE CONTEST SUBMISSION PERIOD. By participating, Contestants agree to be bound by these Official Rules and the decisions of the judges and/or Sponsor, which are binding and final on matters relating to this Contest.
We are looking for awesome, compelling and original Viking-inspired story designs that could be part of a larger Viking banner, inspired by your experience with Stoic LLC’s The Banner Saga (“the Game”), the Banner Saga story, trailer, screenshots/gameplay footage, and playing the free multiplayer game ‘Factions’. Purchasing or playing the Game or any other Stoic LLC game is not required to enter the Contest.
Here’s how to enter:
a) Create your Viking-inspired story design (“Design” or “Submission”) according to the submission guidelines section contained in these rules (“Submission Guidelines”). Your Submission can be as creative as you like within the Submission Guidelines (see below).
b) Once you have created your masterpiece, submit it during the Contest Period by following the on-screen instructions at http://www.creatingthebanner.com (“Website”) and entering all required information. You may need to create a user account if you do not have one.
All contact information must be current, truthful and valid. Submissions must be received no later than March 13, 2014 at 11:59 p.m. PT according to Sponsor’s internal server time. No other methods of entry will be accepted, including submission by email. All Submissions received by the end of the Submission Period that are complete and otherwise qualified will be eligible to win. Sponsor reserves the right to disqualify any Contestant it finds to be tampering with the entry process or the operation of the Contest or violating these Official Rules. Contest Entities reserve the right to disqualify any Contestant it finds to be tampering with the entry process or the operation of the Contest or violating these Official Rules. Persons discovered entering under several names will be disqualified. Any submission of robotic, automatic, or programmed entries, or any entries submitted through other unapproved methods are void. Contest Entities reserve the right to disqualify false entries or entries suspected of being false or fraudulent. All Submissions become the sole property of Sponsor and will not be acknowledged or returned. Sponsor is not responsible for incomplete, late, lost, delayed, damaged, misdirected, incomplete, void, corrupted, garbled, illegible, or unintelligible submissions and those Submissions are void and will not be accepted; nor is Sponsor responsible for any problems, bugs or malfunctions Contestants may encounter when seeking to enter their Submissions. Contestants are solely responsible for compliance with the Stoic LLC terms and conditions.
By uploading your Submission, you agree that your Submission conforms to the Submission Guidelines and that Contest Entities, in their sole discretion, may remove your Submission and disqualify you from the Contest if they believe your Submission fails to conform to these Rules.
4. SUBMISSION GUIDELINES: Your Design can be as creative as you like within the following guidelines:
- You must create your own original and compelling ‘story’ (design) based on your experience of the Game, either through playing the free multiplayer game ‘Factions’, or from trailers, screenshots, gameplay clips or in the Game itself;
- Your Design must be inspired by Viking-style art. The Viking-inspired art you use must be your original work, not a copy of preexisting art.
- Your design will be used to complete a bigger banner, made up of several individual designs, so bare this in mind when creating it.
- Your Design can be funny, silly, amusing, or serious as long as it meets the criteria set out in these Guidelines.
- Your Design may, but does not have to, feature images and characters from the Game (“Game Content”). All Game Content, and intellectual property rights therein, are owned by Stoic LLC or its licensors. Contestants are granted a limited, royalty-free, US-only, non-transferable license for the Contest Period to reproduce and create derivative works from the Game Content (except trademarks and logos) for the only purpose of submitting one or more Designs in this Contest. All other rights not expressly granted herein are reserved.
- Your Design may be hand-drawn, painted or created with a computer, tablet or other device, as long as it meets the formatting requirements below;
- Your Design should be no smaller than 360dpi and must fit into either a square or rectangle shape with a minimum size of either 18” x 18” or 18” x 36” respectively but the design itself does not have to be square or rectangular; it must be saved and submitted as a JPEG image.
- Your Design may not contain words, audio, animation, or flash;
- No Design shall contain any legible trademark, logo or trade name;
- No Design shall feature any third-party toy, action figure, character, actor, celebrity or public figure.
- No Design may depict any nudity, animal or plant cruelty, harmful or illegal activity or substances, or offensive, racist, obscene subject matter as determined in our sole discretion. No Submission shall portray Contest Entities in a negative light. Please, no personal attacks on anyone.
ADDITIONAL GUIDELINES: All Submissions must be original works of authorship, created by the Contestant who submits the entry. So while we want you to be creative, you need to be careful. If you’re thinking about using existing art, characters or images, odds are that someone else owns a copyright to that material and you will need to get the copyright owner’s permission before using the material in your Design. You may not copy or otherwise plagiarize the Submission from any source, nor may the Design include third-party copyrighted material – such as artwork, photographs, movie or TV screenshots, or tattoo designs – without the copyright holder’s permission. By entering, you warrant that your Design does not infringe any third party’s rights, and that you have obtained all necessary permissions from all relevant third parties to submit the Submission. Similarly, Contestant must secure – and Selected Contestant will be required to submit – a written release from any participant featured on the Banner to use their likeness under the terms and conditions of these Official Rules. Evidence of such permissions may be requested by Sponsor at any time during or after the Contest Submission Period.
If, in the sole discretion of Sponsor, your Submission constitutes copyright infringement, the Submission will be disqualified. Contestant agrees to indemnify Sponsor against any and all claims of infringement from any third party for any use by Sponsor of the design Submission. Contestants may not be: 1) represented under contract that would limit or impair Sponsor’s ability to use the design in any media form; 2) are under a merchandising agreement; or 3) are under any other contractual relationship, including but not limited to guild and/or union memberships, that may prohibit them from participating fully in this Contest, or from allowing Contest Entities to use royalty-free, the Submission worldwide in all media in perpetuity.
We reserve the right to exclude any design that we believe doesn’t meet the above criteria, at our sole discretion.
5. WINNER SELECTION AND NOTIFICATION: Judging will be completed in one (1) round. All entries will be prescreened to insure the entries have correctly met the Submission Guidelines and meet with Sponsor’s general standards and practices prior to any judging. (“Qualified Submissions”). After the end of the Contest Period, a panel of qualified judges will conduct judging of all Qualified Submissions received during the Contest Period. Each Qualified Submission will be judged on the following criteria, on a 100-point scale:
Creativity and Originality (30 points)
Relevance to Theme (30 points)
Visual Quality (30 points)
Technical Merit (10 points)
Up to fifteen (15) Submissions with the highest score will be selected as Selected Contestants (“Selected Contestants”). In the event of a tie, the tying submissions will be rescored in order to determine a Selected Contestant.
Any communication or information transmitted to Sponsor and/or the Website by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Proof of submitting any Submission is not considered proof of delivery to or receipt of such Submission. Furthermore, Sponsor shall have no liability for any Submission that is lost, intercepted or not received by the Sponsor. Sponsor not responsible for delays in finalizing winners.
Contest Entities reserve the right to distribute or display any Submissions in any media and on any website, including on its and affiliated websites, Facebook, Twitter, Instagram, Pinterest and YouTube pages. Contestants understand that users of these sites may share, embed, comment on (including negatively) and re-post their Submissions during and after the Contest Period. Contest Entities are not responsible for such third-party activities.
The name, profile and Designs of Selected Contestants may be announced and posted on Contest Entities’ website(s) and social media pages, including Facebook, Twitter and YouTube, on or around April 10, 2014 and may potentially be aired nationally, in Sponsor’s discretion. Contest Entities may create a free community screensaver featuring some or all of Selected Contestants’ Submissions and may include some or all such Submissions in the official book for the Game, in its sole discretion.
Selected Contestants will be notified by email (“Notification”). Selected Contestants will be required to respond to the Notification by email or phone (as directed) within 48 hours of attempted Notification. The failure to respond timely to the Notification may result in forfeiture of the prize; and, in such case, Sponsor may choose the next highest scoring Submission from among the remaining eligible submissions (up to three times). Selected Contestants may be required to sign and return a Declaration of Eligibility and Liability/Publicity Release (“Declaration”) and any other documents Sponsor or Sponsor’s representative may require within 48 hours of receipt of the Declaration. Failure to timely return a signed Declaration or other required documents or the return of any prize notification as undeliverable will result in Prize forfeiture. If a Selected Contestant cannot be reached, is unable or unwilling to accept the Prize (or any portion of the Prize) or is disqualified for any reason, the Prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only three (3) alternate Selected Contestants may be determined, after which the applicable prize will remain unawarded. Acceptance of any prize shall constitute and signify each Selected Contestant’s agreement and consent that Sponsor and its designees may use the Selected Contestant’s name, city, state, likeness, Submission and/or prize information in connection with the Contest and the Game for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Sponsor will not make multiple attempts to contact Selected Contestants. Assumed notification by caller ID and any subsequent returned calls do not constitute a winner. Winner selection subject to verification, including verification of Selected Contestant’s eligibility.
PRIZES: Up to fifteen (15) prizes will be awarded, one to each of the top Selected Contestants. Selected Contestants will have their Design, or a portion thereof, included in one or more large-scale banner(s) (“Banner”) created by Contest Entities in their sole discretion. The Banner will be approximately 4ft x 12ft and made of heavy cloth or other suitable material. Designs from Selected Contestants’ Submissions will be sewn, silk-screened or otherwise affixed onto one side of the banner. Contest Entities are not obligated to use any Selected Contestant’s Submission on the Banner or on any other promotional product.
Each Selected Contestant will receive one (1) miniature cloth replica of the Banner. Approximate size: 10” x 30” (size subject to change). Approximate Retail Value (“ARV”): $35. Total Approximate Retail Value of Prizes (“ARV”): $525.
Selected Contestant’s Submission, or any portion thereof, may also featured in a free community screensaver and in the official artbook for the Game, in Contest Entities’ sole discretion.
For all prizes, all federal, state and local taxes and other expenses in connection with the prize are the sole responsibility of the Selected Contestant. Selected Contestants are solely responsible for any other unspecified expenses related to prize. All activities related to the prize, are at the Selected Contestants’ own risk and subject to whatever restrictions are imposed by the entities that govern activities. Selected Contestants not entitled to any surplus between actual retail value of prize and stated ARV and any difference between stated ARV and actual value of the prize will not be awarded. No substitution, transfer, or cash redemption of prize, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. If prize is awarded but goes unclaimed or is forfeited by recipient, prize will be forfeited and, at Sponsor’s discretion, an alternate Selected Contestant will be selected. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Contest (exact timing subject to change based upon production and availability of Prize). Limit: One (1) Prize per person per household. All prizes will be delivered by U.S. Mail or overnight carrier (i.e., FEDEX, UPS), within Sponsor’s sole discretion, to an address provided by Selected Contestant. Prizes shall only be mailed to an address in the United States. Contest Entities or any of prize suppliers are not responsible for, and will replace, any lost, late, misdirected, damaged or stolen prizes.
4. LICENSE: As a condition of receiving any prize, and unless prohibited by applicable law, all Contestants hereby provide a One Hundred Eighty (180) day exclusive irrevocable worldwide license to Sponsor after which time, Sponsor shall retain a perpetual non-exclusive license to use, distribute, copy, create derivative works from, and publicly display the Submission and Final Banner in any and all media throughout the world, in perpetuity, for any purpose whatsoever (including without limitation in a screensaver, in a book and at trade shows), without any additional compensation, the term of which shall be the entire life of the copyright. Should any Contestant be unwilling or otherwise unable to enter into license, or provide permissions and or releases or otherwise cannot accept or receive the prize for any reason, Contestants with the next highest score will be chosen from the remaining entries until one who is able to meet all requirements can be selected. Contestants may not sell, assign or transfer any of their rights in their Submissions under these Official Rules. Contestants will not be paid for their submissions or for granting Sponsor any of these rights.
At any time before or after the Contest Period, Sponsor may post, share or print Submissions in any order or sequence, with or without commentary, and may select any image from the Submission to serve as a thumbnail in its sole discretion. While Contest Entities will seek to post Submissions in the form as provided at the time of entry, all Contestants agree that due to technical or other limitations, Submissions may be altered from their original form and that Sponsor reserves the right to edit or modify the Submission in its sole discretion, including adding its logo or other trademarks. Selected Contestants further understand and agree that their Submission, or any portion thereof, may be used, edited, and/or modified by Sponsor at any time before or after the end of the Contest Period for promotional purposes, including without limitation, to create a collage or banner, for the purpose of promoting the Game and Contest Entities’ offerings.
5. CONDITIONS. Contest is subject to these Official Rules. By participating, Contestants agree: (i) to be bound by these complete Official Rules and the decisions of Sponsor which shall be final and binding; and (ii) to waive any right to claim ambiguity in the Contest or these Official Rules, except where prohibited by law. By accepting a prize, Selected Contestants agree to release Contest Entities, including their parent, subsidiary and affiliated entities together with their respective directors, employees, officers, licensees, licensors and agents, and respective advertising and promotion entities and any person or entity associated with the production, judging, or administration of the Contest (collectively, the “Releasees”) from any and all liability, loss or damage arising from or in connection with awarding, receipt and/or use or misuse of prize or participation in any prize-related activities. Releasees shall not be liable for: (i) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (ii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iii) any injuries, losses or damages of any kind, including death caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Contest; or (iv) any printing, typographical, administrative or technological errors in any materials associated with the Contest. Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest. Sponsor reserves the right to cancel or suspend the Contest, in its sole discretion, should it receive fewer than 30 entries, or receive no entries that have a judged score above 60 points, or due to circumstances beyond its control, including natural disasters. Submissions will not be returned and may be destroyed. The internal laws of the State of Texas will govern disputes regarding these Official Rules and/or this Contest. All cases and claims pertaining to this Contest must be brought in a court of competent jurisdiction in the City of Austin.
Sponsor is not responsible and shall not be held liable, and your entry may be disqualified and may not be considered for any Prize, should your Submission be removed from a social media or other hosting site for any reason (including without limitation DMCA take-down), or should your Submission be unavailable for any reason during the judging period.
Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper play of the Contest. Sponsor may prohibit a Contestant from participating in the Contest or winning prize if, in its sole discretion, it determines such entrant is attempting to undermine the legitimate operation of the Contest in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other players or Sponsor representatives. Use of automated entry devices or programs is prohibited. Any attempts to access the site, enter the Contest or increase votes or views via a bot script, device or brute-force attack will result in disqualification, including that IP address becoming ineligible for the entire Contest. Caution: any attempt to deliberately damage or undermine the legitimate operation of the Contest may be in violation of criminal and civil laws and will result in disqualification from participation in the Contest. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution.
6. PUBLICITY. By participating, Contestants agree that Contest Entities, their shareholders, agents and representatives, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and legal advisors are not responsible or liable for, and shall be released and held harmless from any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in the Contest, or acceptance of the prize, including without limitation, claims based on publicity rights, defamation, or invasion of privacy. Contest Entities reserve the right to use the Submissions, and any portion thereof, for publicity purposes prior to, during, or after the Contest end date, in any media, and to use the name, likeness, hometown name, of any Contestant, including all or part of their Design throughout the world, in perpetuity, without any compensation or prior review unless specifically prohibited by law. Contestants will not be paid for their Submissions or for granting Sponsor any of these rights. Should any Selected Contestant be unwilling or otherwise unable to provide permissions and or releases or otherwise cannot accept or receive the prize for any reason, the Selected Contestant with the next highest score will be chosen from the remaining entries until one who is able to meet all requirements can be selected.
7. WAIVER OF JURY TRIAL. Except as prohibited by applicable law and as a condition of participating in this Contest, each Contestant hereby irrevocably and perpetually waives any right s/he may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this contest, any document or agreement entered into in connection herewith, any prize available in connection herewith, and any of the transactions contemplated hereby or thereby.
9. OFFICIAL RULES AND WINNERS LIST. For a copy of these Official Rules or of the winner(s), send your request in a self-addressed, stamped envelope (WA and VT residents need not affix return postage) to: Versus Evil LLC, 815 Brazos Street, Suite 900, Austin, TX 78701. In the alternative, winners’ lists may be obtained by accessing the URL www.creatingthebanner.com/winners. Request must be received within 90 days of the end of the Contest.
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