BY PARTICIPATING IN THE CONTEST, YOU AGREE TO ABIDE BY THESE TERMS AND THE RULES, POLICIES AND PROCEDURES LOCATED ON FACEBOOK. Failure to comply with these Rules, AOL, and the FacebooK rules, policies and procedures will void your entry. This Contest is in no way sponsored, endorsed, administered by or associated with Warner Bros Interactive Entertainment or The Blair Partnership. You understand that you are providing your submission to Sponsor and the platform you are submitting the Entry.
- Sponsor. The Contest is sponsored by Jam City, Inc., 3562 Eastham Drive, Culver City CA, 90232 (together “Sponsor”).
- Contest Entry Period. The Contest commences on April 25th, 2020 at 8:59 am Pacific Time and ends at 11:59 pm Pacific Time on May 15, 2020 (the “Submission Period”). All entries may have to be received by 11:59 PM (Pacific Time) on May 15, 2020. The Sponsor’s computer is the official time keeping device for online entry into the Contest. No entries into the Contest will be accepted before or after the Contest Period.
- Contest Description. The Contest is a contest that encourages persons entering this Contest (“Entrants” “you” or “your”) to share their favorite costume design for a character in the mobile game entitled Harry Potter: Hogwarts Mystery on Instagram with the hashtag #HPHMDDesignContest in accordance with these Rules. The submission will be judged and eligible for the prize described below subject to the terms and conditions herein.
- Eligibility. This Contest is open to legal residents of the Contest Territory. You may have to be at least 18 years of age or older as of 11:59 PM (Pacific Time) on May 15, 2020 to participate in the Contest. By entering this Contest, you acknowledge that you are ready, able and willing to partake in media opportunities (e.g. interviews, photos, sound bites, video footage, etc.) if required by Sponsor in connection with the Contest. You may have to complete all required entry forms and releases and submit materials in accordance with these Rules to be eligible for entry. The Winner (as defined below) may be required to complete other forms and releases as set forth below.
Employees (and their immediate families, i.e., parents, guardians, spouse, children, siblings, grandparents, step parents, step children and step siblings regardless of where they reside and those living in the same household of such employees, whether or not related) of Sponsor, Warner Bros. Interactive Entertainment, or The Blair Partnership or their respective affiliated companies, management companies, subsidiaries, advertising agencies and marketing companies and any company in which the Sponsor, or any such Sponsor affiliated company owns a controlling share (collectively, “Sponsor Entities”) are not eligible to enter the Contest. Interpretations of these Rules by Sponsor are final in all matters relating to the Contest.
- How To Enter. To enter, during the Submission Period, to share their favorite costume design for a character in the mobile game entitled Harry Potter: Hogwarts Mystery on Instagram with the hashtag #HPHMDDesignContest in accordance with these Rules. Sponsor will rely on information from Instagram as to the name and handle on the account Instagram account used to submit the Entry in case of ambiguity. Only fully completed Entries are eligible. All Entries (subject to your rights in your Personal Data) become the sole and exclusive property of Sponsor and will not be acknowledged or returned. You will take all further acts necessary to effectuate the intent of these Rules, including, without limitation, executing and delivering to Sponsor, all such agreements, contracts and any other documents to confirm Sponsor’s ownership of the Entries.
- Qualifications. Each Entry may have to be your sole creative work and may have to not incorporate ideas or work of any other person or material that would require the consent of a third party in any jurisdiction or under any applicable law. Without limitation, the Entry may have to not infringe or violate any trademark, copyright, publicity right, privacy or any other right of any other person or entity, under any applicable law, in any part of the Contest Territory. By submitting an Entry, you represent and warrant to Sponsor that the Entry and everything depicted in the Design are wholly original and do not infringe upon or otherwise violate any right of any person, entity, or any law, rule or regulation in any part of the Contest Territory. Violation or breach of these representations or warranties may subject you to penalties and damages under applicable law.
By entering the Contest, you agree that Sponsor may post your Entry or any part thereof on any of its social media platforms, including but not limited to its Facebook Page, Instagram, its website, within the Harry Potter: Hogwarts Mystery game, or anywhere else legally permitted. Sponsor does not guarantee the posting of any Entry. You understand that your Instagram account username and biographical data (as it appears on the Entry) may also be posted in connection with the Contest.
- Entry Restrictions. The Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous;
- Is obscene or offensive; endorses any form of hate or hate group;
- Defames, misrepresents or contains disparaging remarks about the Sponsor, or their products or other people, products or companies;
- Contains trademarks, logos or trade dress (such as distinctive packaging or phraseology) owned by any entity;
- Contains copyrighted materials owned by any entity (including photographs and other works of art or images);
- Advertises or promotes any brand or product of any kind;
- Contains any personal identification, such as personal names, street or email addresses, or phone numbers;
- Violates or encourages the violation of any law, rule or regulation;
- Contains materials embodying the names, likenesses or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead;
- Promotes any particular political party, agenda or message; and/or
- Communicates messages or images inconsistent with the positive image and/or goodwill to which Sponsor and/or the Artists wishes to associate
Subject only to rights in your Personal Data, ALL ENTRIES BECOME THE PROPERTY OF SPONSOR AND WILL NOT BE RETURNED.
- Winners. One Grand Prize Winners will be selected (the “Grand Prize Winner”). The odds of becoming the Grand Prize Winner depend on the number of Eligible Entries received (together “The Winners”).
- Prizes. The following prizes (“Prize” or “Prizes”) will be awarded:
One Grand Prize is available for the promotion period. The Grand Prize shall consist of a version of the Grand Prize Winner’s Entry being used to create a costume for a character within the mobile game entitled Harry Potter: Hogwarts Mystery. There is no monetary value to this prize.
- The Judging/Voting Process.
After the Submission Period, Sponsor will review the Entries and pick the three top Entries based on the quality of the submission (“Finalist Entries”) and the Finalist Entries will be published on a website located at www.harrypotterhogwartsmystery.com/designcontest no later than September 30, 2020 for public voting. The voting period shall be for no less than three business days, and voting will be limited to one (1) vote per email address.
- Winners Notification; Verification.
We will attempt to notify you via Instagram Direct Message and you will be given instructions on how to proceed or claim a prize if you’re the Grand Prize Winner. If after three (3) days after a Direct Message or an e-mail attempt is consistently returned as undeliverable, or if the selected Grand Prize Winner cannot accept or receive the prize for any reason, or s/he is not in compliance with these Rules, the prize will be forfeited. The Grand Prize Winner may be required to sign and return an Affidavit and Release Form (where legal and applicable) within three (3) days of notification or prizes will be forfeited.
The potential Winner may have to prove eligibility, including, without limitation, proof of age and residence upon notification as a potential Winner. The Winners may have to sign upon notification and acceptance of the Prize an affidavit of eligibility and release of Sponsor, the Artists and their respective officers, directors, employees, agents, members, affiliated companies and subsidiaries, from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Contest directly or indirectly from acceptance, possession, or misuse of any Prize or participation in this Contest to be eligible for the Prize. Entry into this Contest constitutes agreement to sign such affidavit. The Winners also may have to acknowledge that Sponsor has not and will not obtain or provide insurance of any kind relating to the Prizes and that they will be responsible for obtaining and paying for any form of insurance relating to the Prizes. The Winners may have to also complete any additional legal documents provided by Sponsor with respect to the Prizes and return them as instructed within the time frame specified by Sponsor or forfeit the Prize at Sponsor’s sole discretion. In the event the Winner has not reached the age of majority in his or her country of residence, Sponsor may require his/her parent or legal guardian to execute such documents on his/her behalf. Where permitted by law, in consideration for being awarded a Prize, Winners hereby agree and consent, without further authorization, compensation or remuneration of any kind, to the use of their name and/or likeness, as submitted in connection with the Entry or in connection with the Prize in any and all advertising, promotions and other publicity conducted by Sponsor in connection with the Sponsor, the Contest or the use of the Entry photograph.
- General Prize Terms. All costs and expenses not specifically listed above, including, without limitation, sales or use tax, shipping and handling charges to be incurred in connection with redemption of the Prize are solely the Winners’ responsibility. Sponsor shall have no responsibility or obligation to the Winner who are unable to accept or utilize the Prizes as described herein.
- Ownership and Other Rights. Sponsor will solely and exclusively own all right, title and interest in and to the Contest Materials (as defined below), including without limitation all copyrights, trademarks, trade dress, good will, depictions, designs, exploitation rights, creative works, concepts, plans, titles, ideas, and the like therein, in perpetuity and throughout the universe and in all media and forms of expression and communication now known or hereafter developed. “Contest Materials” include, to the extent applicable (1) any information and material, including but not limited to any type of Entry submitted by you in connection with the Contest; and (2) subject to your rights in your Personal Data, the Entry Form and any other forms, documentation or releases required to be submitted by you for the Contest, whether submitted to Sponsor prior to or after the judging/voting process. The Contest Materials have been specially ordered by Sponsor, and, therefore, will be deemed under Canadian and US law, as “work made for hire” (in the US, under section 101 of the Copyright Act of 1976 as amended); but if the Contest Materials in whole or in part are not a “work made for hire,” you shall and hereby do irrevocably assign, convey, and transfer to Sponsor all right, title, and interest throughout the universe in perpetuity in and to such Contest Materials, without any obligation to pay additional consideration for the use or exploitation thereof. You will not retain any right, title or interest whatsoever in the Contest Materials, including, without limitation, a “license back,” rights of attribution; claims based on “moral rights” and similar theories; and liens, encumbrances and the like. You hereby irrevocably waive any claims based on the foregoing. You shall not assert, nor assist or authorize any third party in asserting, any claim inconsistent with this paragraph or the following paragraph. Sponsor shall have the right, in its sole discretion, to edit, modify, composite, scan, duplicate, or alter the Design, in whole or in part, for any purpose which it deems necessary or desirable, without the need for any further remuneration and/or permission. You hereby irrevocably waive any and all claims based on moral rights, droit moral or similar theories in any Design. You will take all further acts necessary to effectuate the intent of these Rules, including, without limitation, executing and delivering to the Sponsor, all such agreements, contracts and any other documents to confirm Sponsor’s ownership of the Contest Materials. To the extent that you own (presently or in the future) any intellectual property rights that were not created in connection with the Contest Materials, but that may be necessary for Sponsor’s exercise of the rights assigned to it above (“Related Rights”), you agree to and do hereby grant to Sponsor, or will cause to be granted to Sponsor, at your cost and expense, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable right and license to use, copy, manufacture, distribute, translate, perform, modify, display, transmit, create derivative works of, make, have made, offer to sell, sell, import, and otherwise exploit any such Related Rights to the extent necessary to enable Sponsor to exercise all rights assigned to Sponsor under these Rules.
You agree that you will not use the Design for any other purpose, including, but not limited to, posting the Design to any online social network or other website, without the express consent of Sponsor which may be withheld in its sole and absolute discretion.
Notwithstanding such ownership by Sponsor of all such rights, you expressly agree and acknowledge that the Sponsor Entities shall not be responsible in any manner for any use of the Design by any third parties and shall be under no obligation to protect or enforce any such rights in the Design.
- Disqualification. If you fail to comply with any of these Rules, Sponsor may, in its sole discretion, disqualify you and your Entry. If after submitting the Entry Form you require the deletion or return of all or part of your Personal Data under any applicable law or otherwise, you will be disqualified on the basis of an incomplete Entry. Your failure to complete and execute documentation as described in Section 12 will result in your disqualification. Sponsor reserves the right in its sole discretion to disqualify you if it suspects or finds you: (i) to have used a software–generated, robotic, programmed, script, macro or other automated online or text message entry; (ii) to have tampered with the entry process or the operation of this Contest; (iii) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (iv) to have provided inaccurate information on any legal documents submitted in connection with this Contest.
ANY VIOLATION OF THESE RULES BY A POTENTIAL WINNER OR ANY BEHAVIOR BY A POTENTIAL WINNER THAT WILL BRING SUCH WINNER OR SPONSOR INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH POTENTIAL WINNER’S DISQUALIFICATION AS A POTENTIAL WINNER AND ALL RIGHTS AS A POTENTIAL WINNER WILL BE IMMEDIATELY TERMINATED.
- General Terms. Sponsor is not responsible for anything outside of its reasonable control. Sponsor assumes no responsibility for incorrect or inaccurate Entry information whether caused by any of the equipment or programming associated with or utilized in this Contest or by any human error which may occur in the processing of the Entries in this Contest. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or servers on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, or any incomplete, lost, late, delayed, misdirected or garbled Entries or failure to receive Entries, including, without limitation, any injury or damage to your or any other person’s computer related to or resulting from participation or downloading any materials or software or attempts to participate in or download materials or software related to this Contest. Sponsor is not responsible for any typographical or other error in the printing of the Contest, administration of the Contest, or in the announcement of the Prizes and the Winner. If, for any reason, the Contest is not capable of running as planned, or is disrupted or corrupted, including, without limitation, by strikes, acts of war or terrorism, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failures, or any other causes beyond the control of Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest or for any reason Sponsor deems it necessary, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest or to determine the Winner in its sole discretion. All interpretations of these Rules and decisions by Sponsor are final. CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE CALIFORNIA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF CALIFORNIA SHALL GOVERN THE CONTEST. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.
- Publicity; Press Releases. You may not issue press releases or other publicity in connection with your participation in the Contest.
(a) By entering, you agree to defend (at Sponsor’s option), hold harmless and indemnify Sponsor and Sponsor Entities and their respective officers, directors, partners, members, shareholders, employees, agents, executors, family members, heirs and assigns, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotional agencies from and against any and all liability, damages or causes of action (however named or described), with respect to or arising out of either (i) your participation in the Contest, including, without limitation, the breach or violation of your representations and warranties concerning your Design; and/or (ii) the receipt, redemption or use of the Prizes awarded in the Contest. You agree to release all rights to bring any claim, action or proceeding against Sponsor or Sponsor Entities, further covenant not to sue Sponsor or Sponsor Entities, and hereby acknowledge that neither Sponsor nor any Sponsor Entity has made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prizes.
(b) Indemnification Procedure. You shall have the right to: (i) employ attorneys to institute or defend any claim, which attorneys may have to be reasonably acceptable to Sponsor, (ii) take any other reasonably appropriate steps to protect all rights and interests at issue, or (iii) settle, compromise in good faith or in any other manner dispose of any claim and satisfy any judgment that may be rendered, except that no compromise, settlement or disposition of any such claim may be affected or committed by you without the consent of Sponsor, which consent may not be unreasonably withheld or delayed. Sponsor shall have the right to participate in the defense of any claim. If a conflict of interest arises or exists between you and Sponsor, Sponsor shall have the right to retain separate counsel to represent its interests at the sole cost and expense of you.
- Request for the Names of the Prize Winners and Rules. To receive any legally required copy of the name of Grand Prize winners of the Contest, please send an e-mail to firstname.lastname@example.org or send a self-addressed stamped envelope to Harry Potter: Hogwarts Mystery 2 Year Anniversary Design Contest Winner Name Request, 3562 Eastham Drive, Culver City, CA 90232. Vermont residents may omit postage. All such requests may have to be received within six (6) weeks after the end of the Promotion Period.
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