Abbreviated Rules Disclosure
NO PURCHASE NECESSARY TO ENTER. Contest is open to individuals age 18 or older (those younger than this must submit under the user profile of someone 18 or older). Go to http://www.dmtc.com/shirtcontest to enter and for Official Rules. Entries must be received between 12:01 AM PT on 07/01/13 and 11:59 PM PT on 07/22/13. Void where prohibited by law. Sponsor: Del Mar Thoroughbred Club and Lock 77, LLC, d/b/a MASScanvas
Full Rules Disclosure
1. Contest Entry Period/Sponsor: The Del Mar Racetrack 2013 T-shirt Design Contest (“Contest”) begins at 12:01 AM, Pacific Time ("PT") on 07/01/13 and ends on 11:59 PM PT on 07/22/13 (the "Contest Term"). Sponsor: Del Mar Thoroughbred Club, 2260 Jimmy Durante Blvd., Del Mar, CA 92014 and Lock 77, LLC, d/b/a MASScanvas, 111 Penn Street, El Segundo, CA 90245.
2. Eligibility: The Contest is open to individuals who are at least 18 years of age at time of entry or who have reached the age of majority in the jurisdiction where they reside. The following are ineligible to participate in this contest: employees of the Del Mar Thoroughbred Club and affiliated companies, advertising agencies and agents or members of the immediate families of any of the foregoing. Contest governed by U.S. law. Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
3. How to Enter: To enter the Contest, you must first register (join) at http://delmarshirtcontest.masscanvas.com ("Contest Site"), providing access to your email address, and submit your design ("Design") as instructed on the Contest Site during the Contest Entry Period (‘Entries”). To be eligible for the Contest, all Entries must be received between 12:01 AM PT on 07/01/13 and 11:59 PM PT on 07/22/13 (the "Contest Entry Period"). Any physical (non-digital) Entries will not be acknowledged, become Sponsor’s property and will not be returned. Proof of submission of an Entry does not constitute proof of receipt by Sponsor. Only two (2) entries per person permitted. Entries using different email addresses for a single individual will be disqualified. Sponsor's computer will be the official time keeping device for the Contest.
4. Requirements for Entry: Your Entry must comply with the following and by entering you represent and warrant and agree that:
- The Design is original with you and, other than incorporating elements that are in the public domain, is not copied from any other work;
- The Design does not depict any third party copyrighted material, products, trademarks or logos or infringe the rights or any third party;
- The Design does not defame or otherwise violate the rights, including privacy rights, of any third party;
- If the Design contains the likenesses of individuals ("Depicted Person(s)"); those Depicted Persons have provided their permission to be depicted in the Design and to have the Design submitted in the Contest and to grant the rights granted herein and further if any Depicted Person is under the age of majority ("Minor") the entrant is the parent or legal guardian of that Minor.
- The Design is not offensive, sexually suggestive, violent, racial, profane, slanderous or contrary to the interests of the Contest or Sponsor, as determined in the sole discretion of the Sponsor;
- Due to technical limitations the uploaded file cannot be larger than 150MB [compressed].
- Designs cannot have been previously exhibited, or otherwise displayed publicly through any means other than the Contest, are not currently under consideration to be published, and will not be submitted elsewhere during the Contest Term;
- Once an Entry is received it cannot be modified or edited;
5. Entrants License to Designs (during Contest Term and until winners are announced): By entering the Contest and submitting a Design, each entrant (i) retains ownership of the Design s/he submits; (ii) grants to the Sponsor, and any organizations affiliated with the Contest the perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivate works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the world the Design, in whole or in part, in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsor and Contest, or any other reason, all without further consent from or payment to entrant or any other person or entity; (iii) waives all moral rights in and to his/her Design in favor of the Sponsor; and (iv) agrees to indemnify, release and hold harmless the Released Parties (defined below) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action. For greater certainty, the Sponsor reserves the right, in its sole discretion, to modify, edit or disqualify any Design for any reason. Designs may be published and posted online but entrants agree that Sponsor has no obligation to post or publish Designs and that all such postings or publication, if any, will be in the Sponsor’s sole discretion and that the posting or publication of an Design has no bearing on whether the Entry is a potential winner. In the event of any dispute or potential dispute regarding the Entry or entrant, Depicted Person or any third party, or if Sponsor in its sole discretion has grounds for suspecting any breach or abuse of these Official Rules by any person involved in an Entry, the Entry may be disqualified in Sponsor’s sole discretion.
6. Winners Assignment of Rights to Designs: The potential winners will be required to assign all right, title and interest to their Design to Sponsor, including the copyright thereof, as a condition to being declared a Winner and being awarded the applicable prize. ALL RIGHTS TO DESIGNS THAT ARE NOT SELECTED AS A WINNER WILL REVERT BACK TO THE ENTRANT AFTER THE CONTEST WINNERS HAVE BEEN ANNOUNCED.
7. Prize: One (1) Prize: One winner will receive a $1,000 cash commission and a VIP Experience for 4 at Del Mar Thoroughbred Club valued at $400 on 08/25/2013 or another day to be determined subject to availability. In addition to the Prize, the Winning Design will be available for print on T-shirts to be given out as promotional goods and/or sold exclusively by Sponsor. Sponsor makes no warranties with regard to its efforts or ability to sell any products featuring the Winning Design. Prize is not transferable and non-cash portions of the prize are not redeemable for cash or transferable for other non-cash items. All federal, state and local taxes on the prize awarded are the sole responsibility of the winner. Sponsor will comply with all tax reporting requirements, including an IRS Form 1099-MISC issued to Winner.
8. Selection of Winner(s): The winner(s) will be selected as follows:
First Qualifying Round. All submitted Designs will be reviewed for compliance with these Official Rules. Then all Entries will initially be judged by a panel of judges ("Judges") based on the following criteria: (1) appropriateness for use on a T-shirt; (2) originality and creativity; (3) production value; and (4) appropriateness to theme (collectively, "Qualifying Judging Criteria"). The 10 finalists with the highest scores based upon the Qualifying Judging Criteria after this First Qualifying Round ("Qualifying Entries"), will move onto the Second Judging Round. In the event of a tie, the tying finalists will be re-judged based on the appropriateness for use on a T-shirt. In the event of a second tie the tying finalists will be re-judged based on the Design that is the most creative.
Final Judging Round: After the Community Voting, the Qualifying Entries will also be judged in this Final Round by the Judges based on the following criteria: (1) appropriateness for use on a T-shirt; (2) originality and creativity; (3) production value; (4) appropriateness to theme, and (5) Community interest, as evidenced by the Votes and comments posted on the Contest Site, as determined in the Judges sole discretion (collectively, "Judging Criteria").
The Qualifying Entry with the highest score based upon a score from Community Voting (50%) and the Final Judging Round (50%) will be determined on or about 08/7/13. In the event of a tie, the tying finalists will be re-judged based on the appropriateness for use on a T-shirt. In the event of a second tie the tying finalists will be re-judged based on the Design that is the most creative.
9. Notification of Winner/Requirements for Winners: The winner will be notified by email, mail and/or phone on or about 08/7/13. Potential winners will be provided with a release and assignment of rights (collectively, "Assignment") and may be required to provide a release for use of any Depicted Person as a condition to being a declared a winner and awarding of the prize. Entrants can print the required documents provided and scan back to Sponsor or mail to Sponsor by following the instructions provided. If a potential winner does not respond to Sponsor's notification within two (2) days and return the required Assignment within four (4) days from the date of notification, or if an Entry is found to be ineligible for any reason, the potential winner will be disqualified and will forfeit any rights to the prize and a runner up will be selected as a winner. By accepting a prize, all winners give permission (except where prohibited by law) to use the winners' names, hometown and likeness for promotional purposes without further compensation.
10. General Conditions: The Sponsor reserves the right, in its sole discretion, at any time and at any stage of the judging process, to reject or disqualify any Entry that is deemed ineligible or for any reason that the Sponsor feels is necessary and/or appropriate, including without limitation, if that participant has not complied with the official rules or has interfered, in Sponsor’s sole opinion, with the proper conduct of the Contest. The posting of an Entry does not have any effect on the judging process. All decisions of the Sponsor and Judges are final and binding in all aspects of the Contest. By participating, entrant agrees on his/her behalf, and on behalf of his/her respective heirs, executors, administrators, legal representatives, successors and assigns (collectively, the "Releasing Parties") to release, defend, and hold harmless Sponsor and any advertising and promotional agencies or entities involved in the administration or advertising of this Contest or any Eligible School as well as the employees, officers, directors and agents of each ("Released Parties") from any and all actions, causes of actions, suits, or liability whatsoever for loss, harm, damage, injury, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, costs or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with participation in the Contest, or possession, acceptance, prize delivery and/or use or misuse of prize and for any claims based on publicity rights, defamation or invasion of privacy. The Released Parties shall not be liable for: (1) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible Entries, (2) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (3) data corruption, theft, destruction, unauthorized access to or alteration of an Entry or other materials; (4) any injuries, losses or damages of any kind caused by the participation in the Contest; or (5) any printing, typographical, administrative or technological errors in any materials associated with the Contest. The Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Contest. 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 corrupt the administration, security, fairness or proper play of the Contest. If the Sponsor decides that there are an insufficient number of qualified Submissions suitable for Entry into the Contest Sponsor may select less winners or cancel the Contest entirely. The Sponsor may disqualify any participant if, in its sole discretion, it determines s/he is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other participants or the Sponsor, the judges or their respective representatives. If Sponsor at any time receives a complaint (including but not limited to a cease and desist letter, general letter of complaint etc.) alleging intellectual property infringement of the Design, Sponsor reserves the right to disqualify the Entry. The Sponsor shall not be responsible if the Contest or prize fulfillment cannot be implemented or does not take place for any reason including delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism, including without limitation, or for any reason outside of the Sponsor’s control. By participating, entrants acknowledge that Sponsor, does not waive any rights to use similar or related ideas that might be contained in a Design which was previously known to Sponsor, or developed by their respective employees, or obtained from sources other than the entrant, or rights to use similar or related ideas without any restriction whatsoever, or further obligation to Entrant. Any and all legal actions or claims arising in connection with the Contest must be brought in a court of competent jurisdiction within Los Angeles County, California and the terms, of any dispute, will be governed by the laws of the State of California, U.S.A. without regard to its conflicts of laws provisions. Any and all disputes, claims, and causes of action arising out of or in connection with the Contest, shall be resolved individually, without resort to any form of class action. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THE CONTEST. BY PARTICIPATING, ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF PARTICIPANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. Sponsor reserves the right to permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these Official Rules; and terminate the Contest if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest), or to select winners from among all eligible entries received prior to termination. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION. 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.
12. List of Winners. To obtain the name of the winner(s), go online at http://delmar.masscanvas.com after 08/25/2013 or send a self-addressed envelope (postage not required) within 90 days after the end of Contest Term to Del Mar Contest c/o MASScanvas, 111 Penn Street El Segundo CA 90245.
MASScanvas – Design with a purpose.
© 2013, Lock 77, LLC d/b/a MASScanvas