Terms and Conditions
By submitting an entry to this Contest, you (“You” or “Applicant”) hereby agree to be bound by these Terms and Conditions. You must accept the decisions of the Contest made by Critical Read (“CR”).
1. Eligibility. Applicants must be 18 years of age or older at the time of entry. Proof of age may be required. The Contest is not open to employees of CR or its affiliates, or immediate family and/or household members of such employees.
2. How to Enter. Create an original work of art that includes the phrase “Art is Essential” in a visibly legible manner (the “Design”) and submit the work by email to firstname.lastname@example.org or through the web page at https://criticalread.submittable.com/submit, between May 26, 2020, and August 26, 2020. There is a $5 processing fee to submit via Submittable. For any submission, the final format must be a 14W x 11H image scanned as a high-res jpeg or psd file at 300 dpi. For example, You can draw an image and scan it. No vector files will be accepted. Each Applicant may submit no more than one (1) Design for this Contest. The Design, when submitted, becomes the property of CR and will not be returned. See “Grant of Rights” section below. No receipt will be issued for Your entry.
3. Design Requirements. The Design must comply with all of the following requirements:
(i) the Design shall not show, contain, depict, refer or otherwise allude to the name or logo of any retailer, manufacturer, brand, product, store, place of business, person, company or character;
(ii) the Design shall be Applicant’s own original work, created solely by Applicant and not created professionally; shall not have been previously published, released or distributed in any form; shall not have won any award; and
(iii) the Design shall not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity, and does not depict any individual who has not granted express written consent to be featured;
(iv) the Design shall not contain, refer or otherwise allude to any material that is violent, lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, racially or morally offensive, or otherwise contain inappropriate content or objectionable material, as determined by CR;
(v) the Design shall not promote alcohol, illegal drugs, tobacco, vaping, firearms or weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message;
(vi) the Design shall not in any manner defame, misrepresent, contain disparaging remarks or reflect negatively about CR, its products/services, or other people or entities, or in any way reflect negatively upon such parties or explicitly or implicitly communicate messages or images inconsistent with the positive images and/or goodwill with which CR is or wishes to be associated, as determined by CR in its sole discretion;
(vii) the Design shall not contain any personal identification, such as personal names, email addresses or street addresses; and
(viii) the Design shall not depict and shall not itself be in violation of any law.
CR reserves the right to disqualify any Design that CR determines, in its sole discretion, does not comply with any of these Terms and Conditions or that otherwise contains prohibited or inappropriate content.
4. Grant of Rights. Upon submission of a Design, each Applicant thereby irrevocably grants CR an exclusive, perpetual, worldwide, royalty-free license to use and display the submitted Design in connection with the Contest and/or other merchandise in any and all media channels or formats existing now or later created. Each Winner hereby assigns to CR all ownership rights, including copyright rights, to the submitted Design, and agrees to execute any and all additional documents deemed necessary by CR to effectuate such assignment.
5. Representations and Warranties. Each Applicant represents and warrants that his/her submitted Design (i) is Applicant’s own original work, (ii) was created solely by Applicant, (iii) has not been previously produced, published, distributed or otherwise exploited, (iv) is not, as of the date of entry, the subject of any actual or threatened litigation or claim, (v) does not violate or infringe the intellectual property rights or other rights of any other person or entity, including, but not limited to, copyright or trademark, and (vi) does not violate any applicable law, regulation, or rule.
6. Indemnification. Applicant hereby agrees to indemnify, defend and hold CR and its parents, subsidiaries, affiliates, agents, employees, officers and directors harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties or representations of Applicant hereunder.
7. Selection of Winners. On or about September 8, 2020, the Contest judges will select one (1) first-prize winner (“First Prize Winner”) and three (3) runner-up winners (“Runner-Up Winners”) based upon the following criteria (collectively, “Winners”): (i) the best embodiment or representation of the theme “Art is Essential”; and (ii) the most creative and skillful artwork. Any tie will be decided by the skill used in displaying the required phrase “Art is Essential.” Judges will be qualified through their background and experience to evaluate all submissions using these criteria. The Decisions so made are final. Winners will be notified using the email and/or telephone information provided on their entry forms.
8. Prize. The First Prize Winner will be paid $650 and have his/her design placed on white tote bags through a heat transfer process. Each of three (3) Runner-Up Winners will receive $25 and subscriptions to Critical Read. Any Winner’s Design may be used in future merchandise. Winners are responsible for any applicable federal, state, and local taxes related to receipt of the prizes. No transfer, refund, cash redemption, substitution or replacement of the prizes or any part of the prizes is permitted. Prizes may not be exchanged or returned. Winners will not receive any other form of compensation of any kind.
9. Publicity Release. Except where prohibited or restricted by law, a Winner’s acceptance of the prize constitutes the Winner’s consent for CR, and any of its designees, to use and/or publish the Winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by the Winner regarding the Contest or CR, worldwide and in perpetuity for any and all marketing purposes, including, but not limited to, advertising, trade and/or promotion on behalf of CR, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, social media, and Internet, without further limitation, restriction, compensation, notice, review, or approval.
10. Use of Personal Information. By entering the Contest, Applicant will be sharing his/her personal information with CR, including, for example, name, address, email address, and telephone number. Personal information collected by CR will be used only for administration of the Contest and awarding prizes. If You are a resident of California, You have the right to request to know what personal information has been collected about You, and to access such information. You also have the right to request deletion of Your personal information, though exceptions under the California Consumer Privacy Act (“CCPA”) may allow CR to retain and use certain personal information notwithstanding Your deletion request. You may send Your request for access or deletion by email to email@example.com.
11. No Tampering, Right To Cancel, Modify. CR and its parents, subsidiaries, affiliates, agents, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to Applicants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate any of the Terms and Conditions; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by CR, in whole or in part, due to computer, human or technical error of any kind; (c) Applicants who have committed fraud or deception in entering the Contest or claiming the prize; (d) malfunctions, failures or difficulties of telephone, electronic, hardware, software, network, Internet or computer; (e) any inability of a Winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond CR’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Contest or prize related activities. CR reserves the right, in its sole discretion, to disqualify any Applicant it finds to be (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of the Terms and Conditions; or (c) entering or attempting to enter the Contest multiple times through the use of multiple e-mail addresses or the use of any robotic or automated devices to submit entries. If CR determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, CR reserves the right to void the entries at issue, and/or terminate the relevant portion of the Contest, including the entire Contest, and/or modify the Contest, and in case of such termination, award the prize based upon the criteria set forth herein-above from all eligible entries received as of the termination date. If the Contest is terminated or modified due to technical difficulties or unforeseen events prior to the expiration date of the entry period, notice will be posted on the website at CriticalRead.org.