Adobe – Make The Merch Contest – Instagram – Win highest Judges’ Scores
THE MAKE THE MERCH CONTEST
NO PURCHASE NECESSARY TO ENTER. VOID WHERE PROHIBITED. MESSAGE &
DATA RATES MAY APPLY.
This CONTEST is in no way sponsored, endorsed or administered by, or
ASSOCIATED WITH INSTAGRAM.
The Make the Merch Contest (“Contest”) is sponsored by Adobe, Inc.
(“Sponsor”), 345 Park Avenue, San Jose, CA 95110 and is administered by Prize Logic, LLC,
(“Administrator”), 25200 Telegraph Road, Suite 405, Southfield, MI 48033.
CONTEST PERIOD: The Contest entry period begins on January 25, 2022 at 12:00 PM Eastern
Time (“ET”) and ends on February 15, 2022 at 11:59:59 PM ET (“Entry Period”), followed by a judging
period which begins on February 16, 2022 and ends on February 22, 2022 (“Judging Period”). The
Administrator’s computer is the Contest’s official clock.
ELIGIBILITY: This Contest is open only to legal residents of the fifty (50) United
States (including the District of Columbia) who are at least eighteen (18) years old at the time of
entry. Employees of Sponsor, Administrator, Interscope Records, a division of UMG Recordings, Inc., and
each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies
(collectively, “Contest Entities”) and each of their immediate family members (e.g., spouse, parent,
child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside)
and persons living in the same household of each, whether or not related, are not eligible to enter or
win. All federal, state, and local laws apply. Void where prohibited or restricted by law.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and
Sponsor’s decisions and interpretations, which are final and binding in all matters related to the
HOW TO ENTER THE CONTEST: During the Entry Period an eligible entrant must use any
Adobe Creative Cloud app to make a unique fan art (“Art”) that could be featured on Billie Eilish
official tour t-shirt. The entrant must then follow the steps below to submit his/her Art as an
entry (“Entry”) into the Contest on Instagram:
Log on to his/her Instagram account (or create an Instagram account if he/she does not already
Become a follower of @AdobeGenCreate (if not already following @AdobeGenCreate);
Compose a new Instagram post including the Art (must be a photo not a video);
Tag @AdobeGenCreate and include the hashtags #BillieXAdobe and #Contest.
Entrant may visit BillieXAdobe.com to gather inspiration and grab templates to help to create
his/her Entry (not required to enter).
Entry must not use any images of Billie Eilish except for the provided images and templates on BillieXAdobe.com.
Due to the way Instagram operate its services, entries from Instagram users with “protected”
accounts (i.e., entrant
has set their account so that only people the entrant has approved can view his or her updates) may
not be received.
Please be sure your account is “public” if you want your Entry to be eligible.
An entrant must be a follower of @AdobeGenCreate until March 22, 2022 for winner notification
purposes to be eligible
to win/claim a prize, as set forth in Section 5. There is a limit one (1) Entry per day during the
Entry Period. An
entrant cannot submit the same Art more than once. Multiple Entries with the same Art or received
from the same
person in any day will be void. A “day” is defined as starting at 12:00 AM ET and ending at 11:59:59
PM ET on a
calendar day during the Entry Period, except on January 25, 2022, when a day is defined as starting
at 12:00 PM ET
and ending at 11:59:59 PM ET.
This Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.
If an entrant participates on Instagram, they must have an Instagram account. Entrants may create an
Instagram account at no cost by logging on to http://instagram.com. Creation of an Instagram account requires entrant to
agree to Instagram’s Terms of Service, available at https://instagram.com/about/legal/terms/, and and Instagram’s Privacy
available at https://instagram.com/about/legal/privacy/.
By submitting an Entry, including tagging @AdobeGenCreate and using the hashtags #BillieXAdobe and
#Contest, each entrant agrees that his/her Entry complies with these Official Rules, including the
Entry Guidelines and Requirements set forth in Section 4 of these Official Rules. Each entrant also
agrees that Sponsor or Administrator may disqualify the entrant from the Contest if Sponsor or
Administrator believes, in their sole and absolute discretion, that an Entry fails to comply with
these Official Rules. If Sponsor or Administrator rejects any Entry, such Entry will not appear in
the gallery, will be disqualified and will not be considered a valid Entry.
By entering, each entrant warrants and represents the following with respect to their Entry:
(a) the Entry will not infringe on any rights of any third parties and (b) that entrant has not
and will not take any action that interferes with the rights granted to Sponsor under these
By submitting an Entry, entrant hereby grants permission for the Entry to be posted on the Sponsor’s
website or other website for public view during the Contest and after the end of the Contest has
ended. Further, entrant hereby understands and agrees that, at Sponsor’s sole discretion, their
Entry may be posted to the Sponsor’s website, Sponsor’s Twitter account, Sponsor’s Instagram
account, Sponsor’s Facebook account, or other social media sites associated with the Contest
If an entrant enters the Contest on their mobile device, message and data rates may apply. Entrants
should consult their wireless service provider regarding its pricing plans. Entrants should review
their mobile device’s capabilities for specific app instructions.
ENTRY GUIDELINES AND REQUIREMENTS: Each Entry:
Must be in English;
Must tag @AdobeGenCreate and include the hashtags #BillieXAdobe and #Contest;
Must be entirely the original work of the entrant (not copied, adapted, or reproduced from any
other source and not a collaboration with any other person) and must not contain material that
violates or infringes another’s rights, including but not limited to privacy, publicity or
intellectual property rights, including copyright infringement, or legal or moral rights of any
third party, living or deceased (e.g., names, logos, symbols, slogans, submissions that belong
to others, Entries of other people, quotes from other people, or parodies of other people);
Must not have been submitted previously in a promotion of any kind or received any award of any
Must not include any images of anyone other than entrant except for any provided images and
templates on BillieXAdobe.com;
Must not disparage Sponsor, Administrator, or any other person or party affiliated with the
promotion and administration of this Contest;
Must not include personally identifiable information;
Must not use any logos, brand names or trademarks other than Sponsor’s, which Sponsor has
granted entrant a limited license to use for purposes of this Contest as set forth in Section 5
of these Official Rules;
Must not use any images of Billie Eilish except for the provided images and templates on
Must comply with all other Entry Guidelines and Requirements and provisions of these Official
Must not contain, facilitate, reference, or use material that is dangerous, fraudulent,
inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous
Must not contain, facilitate, reference or use material that contains prohibited content which
shall include, but is not limited to content that promotes, suggests, or encourages:
any cruelty to, or mistreatment in any way of animals;
gambling, including without limitation, any content related to online casinos, sports books,
bingo or poker;
the use of firearms/weapons/ammunition, any illegal drugs, prostitution, pornography,
nudity, profanity or other adult content, violence, or the use of alcohol or tobacco
the taking up of arms against any person, government or entity or otherwise challenge or
seek to overthrow any government;
Must not contain any viruses, spyware, malware, or other malicious components that are designed
to harm the functionality of a computer in any way;
Must not contain, facilitate, reference, or use material that promotes bigotry, racism, hatred
or harm against any group or individual or promotes discrimination based on race, gender,
ethnicity, religion, nationality, disability, sexual orientation, political orientation,
citizenship, ancestry, marital status, or age; and
Must not contain material that is unlawful, in violation of or contrary to the laws or
regulations in any jurisdiction where Entry is created or otherwise promotes any unlawful,
illegal, unsafe, dangerous or reckless behavior.
NOTE: If any Entry fails to comply with any of these Entry Guidelines and
Requirements or any other provisions of these Official Rules, as solely determined by Sponsor,
Sponsor reserves the right, in its sole discretion, to disqualify the entrant and the Entry will not
be eligible to win.
SPONSOR’S IP AND LICENSE TO ENTRIES:
Sponsor’s IP: Sponsor grants entrants a limited,
revocable, non-sublicensable license to use Sponsor’s name, product, trademarks and logos
(collectively, “Sponsor’s IP”) for the sole purpose of participating in this Contest. Entrants are
not permitted to make any further use of Sponsor’s IP for any purpose whatsoever. In addition,
entrants recognize that all rights, title, and interest in Sponsor’s IP shall vest exclusively to
the Sponsor, and entrant agrees that they have not and will not take any action that might harm or
adversely affect such rights. No right, title, or interest in and to the Sponsor’s IP except for the
limited license granted to entrant in these Official Rules is transferred or created. Each entrant
further acknowledges and agrees that Sponsor’s IP rights are valid and enforceable, and that entrant
shall do nothing to challenge the validity or enforceability of Sponsor’s IP in any forum. Entrants
agree that the use of Sponsor’s IP is permitted only for the purpose of making an Entry in this
Contest, and that any use of Sponsor’s IP (whether in the Entry or otherwise) beyond this scope
infringes the rights of Sponsor and will result in irreparable harm to Sponsor.
Use of Entries: For the avoidance of doubt, Sponsor
shall own all right, title and interest in and to the Grand and First Prize winning Entries. Each
entrant (unless the Grand Prize or a First winner) retains ownership of their Entry. Each entrant
hereby grants to Sponsor, Billie Eilish, and their affiliated companies and designated agents a
non-exclusive, transferable, perpetual, irrevocable, royalty free, unconditional, fully paid license
and right to post and to make, have made, use, copy, reproduce, modify, and create derivative works
of any materials provided by the entrant with the entrant’s Entry or otherwise through the Contest
(“Contest Materials”), (b) to publicly perform or display, import, broadcast or transmit, distribute
(directly and indirectly) license, offer to sell and sell, rent, lease, or lend copies of the
materials (and derivative works thereof) and use for any lawful purposes, including for purposes of advertising and trade, and (c) to sublicense to third parties the foregoing
rights, including the right to sublicense to further third parties. This license expressly includes
a right (but not the obligation) for Sponsor to modify Entries to remove any third party
intellectual property. Additionally, each entrant consents to the use of the name, statements,
photographs, videos, voice recordings and likenesses of themselves appearing in the Contest
Materials for publicity purposes, as well as any other purpose associated with the Contest.
Once an Entry is entered into the Contest, any such posting will be deemed made at the direction of
the entrant within the meaning of the Digital Millennium Copyright Act and the Communications
Decency Act. EACH ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT THEY WILL NOT BE PAID FOR OR
RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE PRIZES STATED HEREIN IF SELECTED AS A
WINNER) IN EXCHANGE FOR GRANTING SPONSOR THE NON-EXCLUSIVE LICENSE RIGHTS OR FOR ANY SUBSEQUENT USE
OF SUCH ENTRY BY SPONSOR. If requested, entrant 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
JUDGING AND WINNER SELECTION: During the Judging Period, all eligible Entries
received will be judged by qualified judges selected by Sponsor in its sole discretion (“Judges”).
The Judges will score each Entry according to the following weighted criteria: (i) Quality”: 30%;
(ii)”Originality”: 30%; and (iii)”Creativity”: 40%. All of these factors determine the Entry’s
overall “Judges’ Score”. The one (1) Entry that receives the highest Judges’ Scores will be deemed a
potential grand prize winner and the ten (10) Entries that receive the next-highest Judges’ Scores
will each be deemed a potential first prize winners, subject to verification of eligibility and
compliance with these Official Rules. In the event of any ties, the highest score in criteria (i)
“Creativity” will be used to break any ties. If there is still a tie, the tied Entries will be
re-judged to determine the winner. If a winner is found to be ineligible or does not comply with
these Official Rules, they will be disqualified and the Entry with the next-highest Judge’s Score
will be named the winner.
Administrator’s, Judges’ and Sponsor’s decisions shall be final and binding in all matters
pertaining to the judging and selection of the winners. Judges’ Scores will not be revealed. Sponsor
reserves the right to select less winners, if, in its sole discretion, it does not receive a
sufficient number of qualified Entries.
PRIZES, APPROXIMATE RETAIL VALUES (“ARV”):
Grand Prize (1):
The grand prize is the opportunity for winner’s Art may be made into an official piece of tour
merchandise and used on screen experiences during concerts (determined by Sponsor and Billie
Eilish in their sole discretion) and a trip to a Billie Eilish concert (“Grand Prize”). Trip
includes round-trip coach class air transportation from a major commercial airport near winner’s
residence to a concert location of winner’s choice within the fifty (50) United States or
District of Columbia (selected from a list of tour dates provided by Sponsor), for winner and
one (1) adult guest, two (2) nights’ hotel standard accommodations (single room/double
occupancy), two (2) VIP tickets to a Billie EiIish concert, an Adobe CC one-year license for
winner only, and $10,000 for winner only. If the winner elects to travel or partake in the Grand
Prize without a guest, the difference in value will be awarded to the winner. The ARV of the
Grand Prize is $13,599.88.
Neither Sponsor nor Billie Eilish is required to make any use of the grand prize winner’s Art.
All details of if and how winner’s Art will be incorporated into the Billie Eilish tour and/or
tour merchandise will be determined by Billie Eilish in her sole discretion.
Sponsor will maintain ownership of the Grand Prize winner’s Art. The Grand Prize winner
will have no right to own or distribute his/her winning Art. The Art may be used on
merchandise for Billie Eilish. The Grand Prize winner will not receive any payment from the
sale of any merchandise containing his/her Art.
First Prizes (10):
Each first prize is a trip to a Billie Eilish concert. Trip includes round-trip coach class air
transportation from a major commercial airport near winner’s residence to a concert location of
winner’s choice within the fifty (50) United States or District of Columbia (selected from a
list of tour dates provided by Sponsor), for winner and one (1) adult guest, two (2) nights’
hotel standard accommodations (single room/double occupancy), two (2) VIP tickets to a Billie
EiIish concert, an Adobe CC one-year license and winner’s Art may be used on screen experiences
during concerts (determined by Sponsor and Billie Eilish in their sole discretion), and $1,000
for winner only. If the winner elects to travel or partake in the First Prize without a guest,
the difference in value will be awarded to the winner. The ARV of each First Prize is $1,999.88.
Neither Sponsor nor Billie Eilish is required to make any use of the first prize winners’ Art.
All details of if and how each winner’s Art will be incorporated into the Billie Eilish tour
will be determined by Billie Eilish in her sole discretion. Sponsor will maintain ownership
of each First Prize winner’s Art. The First Prize winners will have no right to own or distribute
his/her winning Art.
The total ARV of all available prizes in the Contest is $33,598.68.
General Prize Restrictions and Limitations: In no event will more than the
stated number of prizes be awarded. Details of each prize will be determined by Sponsor in
its sole discretion. No prize substitution, transfer or exchange will be allowed, except by
Sponsor, who reserves the right to substitute a prize (or portion thereof) of equal or
greater value in case of unavailability of a prize or force majeure. All details of prizes
determined by Sponsor in its sole discretion. Prizes cannot be redeemed for cash. Limit one
(1) prize per person.
For All Prizes:
Trip must be taken on dates specified by Sponsor. Winner and guest must travel together on
the same itinerary. The actual value of the trip may vary depending on point of departure
and fluctuations in the cost of air transportation. Any difference between the estimated ARV
and the actual value of the prize will not be awarded. If winner resides within a 100-mile
radius of destination, ground transportation may be provided in lieu of air transportation,
and no compensation will be provided for any difference in prize value. Travel dates are
subject to availability; blackout dates and other restrictions may apply. Winners and guests
are responsible for having valid travel documents including government identification and/or
passports. Winner is responsible for all travel expenses not included herein as being
provided, including airline baggage fees, gratuities, meals, and any other incidental costs
or expenses related to participation in this prize. Travel must be booked at least 7 days in
advance. Guests of winners must sign and return a travel liability release before travel
will be booked. Winner and his or her guest hereby acknowledges that Sponsor has not and
will not obtain or provide travel insurance or any other form of insurance for any part of
the trip. Winner will be required to provide a major credit card upon hotel check-in, and
all in-room charges will be charged to the credit card. Any damage to the room will be the
responsibility of the winner. Sponsor bears no responsibility if any event, element or
detail of a prize is canceled, postponed or becomes unavailable for any reason. Should any
event, element or detail of the Prize become unavailable, the Sponsor shall have no
obligation to the winner aside from providing the remaining portion of the prize, minus any
unavailable event, element or detail. Sponsor is not responsible if event is delayed,
postponed, or canceled for any reason. Winner will not receive compensation from Sponsor for
tickets that the winner is unable to use due to cancellation of the event, but tickets may
be subject to standard rain-check policies and procedures set by the issuer. Winner agrees
that event admission is awarded pursuant to a revocable, nontransferable license that is
personal to that applicable winner, and may not be sold, resold, auctioned, bartered,
assigned, exchanged, placed in commerce, transferred, given away, donated or otherwise
conveyed. Sponsor reserves the right to remove or to deny entry to winner and/or his/her
guest if either winner or his/her guest violates the previous restrictions or engages in a
disruptive manner, or with intent to abuse, threaten or harass any other person at the
event. Tickets are subject to terms and conditions specified thereon. Seat locations will be
determined by Sponsor.
Sponsor bears no responsibility if any event, element, or detail of a prize is canceled,
postponed, or becomes unavailable for any reason, including, but not limited to, federal,
state and/or local laws, rules and restrictions venue rules and regulations due to the
COVID-19 pandemic. Each winner and guest agrees that he/she will participate in all COVID-19
protocols established by the Sponsor and the host of the game, which may include, but is not
limited to, social distancing measures, wearing of masks, submitting a COVID-19 waiver,
and/or consenting to COVID-19 screening. The Sponsor will have no liability and will not be
required to award a prize if a winner or guest tests positive for COVID-19, is unwilling or
unable to participate in the screening or other protocols. Each winner and guest
agrees that he/she will participate in all COVID-19 protocols established by the
Winners and guests fully understand that (a) the novel coronavirus SARS-CoV-2 and any
resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”)
is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place
where people are or have been present; (b) no precautions, including the protocols that may
be implemented from time to time based upon public health and government-sponsored
guidelines (collectively, the “Protocols”), can eliminate the risk of exposure to COVID-19;
(c) while people of all ages and health conditions have been adversely affected by COVID-19,
certain people have been identified by public health authorities as having greater risk
based on age and/or underlying medical conditions; and (d) exposure to COVID-19 can result
in being subject to quarantine requirements, illness, disability, other short-term and
long-term health effects, and/or death, regardless of age or health condition.
HOW TO CLAIM A PRIZE:
Potential winners are subject to verification of eligibility and compliance with these Official Rules.
On or about February 25, 2022, the potential winners will be notified via Direct Message on Instagram
(“Notification”). Each potential winner must then respond to the Notification within three (3) calendar
Potential winners will be required to execute an Affidavit of Eligibility, a Liability Release, a
(where imposing such condition is legal) a Publicity Release, and, if the Grand Prize winner or a First Prize winner, a
copyright transfer agreement (collectively, “Prize Claim Documents”) within five (5) business days
from the date that the e-mail containing the documents is sent to the winner. If a potential winner
fails or refuses to sign and return all Prize Claim Documents within the five (5) business day time
period, the potential winner may be disqualified, at the Sponsor’s sole discretion. The potential
Grand Prize may be subject to a background check before their prize is awarded. Sponsor reserves the
right to disqualify the potential Grand Prize winner based on the results of such background check
if Sponsor determines in its sole discretion that awarding a prize to any such individual might
reflect negatively on the Sponsor.
If a potential winner is disqualified, found to be ineligible, or not in compliance with these
Official Rules, declines to accept a prize or, if Sponsor or its authorized designee is unable to
contact the potential winner, the prize may be forfeited, and in the Sponsor’s sole discretion, the
forfeited prize may be awarded to the entrant that received the next-highest Judge’s Score, as
determined by Sponsor in its sole and absolute discretion. Any portion of a prize not accepted by
winner will be forfeited. Each winner shall be solely responsible for payment of any and all
applicable federal, state, and local taxes for their prize won. Sponsor will issue an IRS Form
1099-MISC for each winner. The prizes will only be awarded to verified winners.
Each potential winner will be required to furnish proof of identification. Released Parties are not
responsible for any winner’s privacy or spam filter settings which may divert any Contest message or
e-mail, including any notification, to a spam or junk folder. Contest Entities shall not be held
responsible for any delays in awarding a prize for any reason.
LIMITATION OF LIABILITY:
By participating in this Contest, entrants agree that the Contest Entities, Facebook, Inc., and their
respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel,
advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web
masters and their respective officers, directors, employees, representatives, designees and agents
(“Released Parties”) are not responsible for any incorrect or inaccurate information, whether caused by
users, tampering, hacking or by any of the equipment or programming associated with or utilized in the
Contest. The Released Parties are not responsible for any injury or damage, whether personal or
property, to participants or to any person’s computer or other device related to or resulting from
participating in the Contest and/or accepting a prize.
If, for any reason, an Entry is confirmed to have been erroneously deleted, lost or otherwise
destroyed, corrupted or for any other reason not accepted as an Entry in the Contest, the entrant’s
sole remedy is to enter the Contest again to receive another Entry. If, for any reason, the Contest
is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel,
terminate, modify or suspend the Contest and/or proceed with the Contest, including the selection of
the winners from among non-suspect, eligible Entries received prior to such cancellation,
termination, modification or suspension using the winner determination procedure set forth herein or
as otherwise deemed fair and appropriate by Sponsor.
By entering the Contest, each entrant agrees: (i) to be bound by these Official Rules and by all
applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final;
(ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all
of their rights to bring any claim, action or proceeding against any of the Released Parties in
connection with the Contest; and (iv) to forever and irrevocably agree to release and hold harmless
each of the Released Parties from any and all claims, lawsuits, judgments, causes of action,
proceedings, demands, fines, penalties, liability, costs and expenses (including, without
limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Contest,
including but not limited to any Contest-related activity or element thereof, and the entrant’s
Entries, participation or inability to participate in the Contest, (b) the violation of any
third-party privacy, personal, publicity or proprietary rights, (c) typographical, printing,
mechanical, human, network or errors or problems of any kind related to the Contest, including but
not limited to, errors or problems which may occur in the administration of the Contest, the
processing or judging of Entries, the announcement of the prizes or winners, or in these Official
Rules or any Contest materials, (d) acceptance, attendance at, receipt, travel related to,
participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss,
damage, destruction, negligence or willful misconduct in connection with the use of a prize, (e) any
change in a prize due to unavailability or due to reasons beyond Sponsor’s control, including but
not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by
any governmental or quasi-governmental entity (whether or not such action(s), regulation(s),
order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist
acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor
dispute or strike (whether legal or illegal), labor or material shortage, transportation
interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause
beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f)
any interruptions in or postponement, cancellation or modification of the Contest, (g) human error,
(h) incorrect or inaccurate transcription, receipt or transmission of any part of any Entry
(including, without limitation, the registration information or any parts thereof), (i) any
technical malfunctions or unavailability of any website, platform, application or any telephone
network, computer system, computer online system, mobile device, computer timing and/or dating
mechanism, computer equipment, software, or Internet service provider, or mail service utilized by
any of the Released Parties or by an entrant, (j) interruption or inability to access the Contest,
any other Contest-related websites, platforms or applications or any online service via the Internet
due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third
person’s) equipment used to access the Contest and/or its contents related to or resulting from any
part of the Contest, (l) any lost/delayed data transmissions, omissions, interruptions, defects,
and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected,
delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, direct
messages, posts, emails or other communications of any kind, (n) any wrongful, negligent, or
unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen,
misdirected, damaged or destroyed prizing (or any element thereof), or (p) the negligence or willful
misconduct by entrant..
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING THE PRIZES, ARE
PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY. Check local laws for any restrictions or limitations regarding these
limitations or exclusions.
DISPUTES: THIS CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE
STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE COUNTY OF OAKLAND,
MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR
MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY TJAMS IN
ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”).
THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE
EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS
PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED
TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY,
CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF
BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY
DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED, OR
THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
Further, entrants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental,
indirect and consequential damages and any other damages (whether due to negligence or otherwise),
other than for actual out-of-pocket costs; and (ii) have damages multiplied or otherwise increased.
Entrants agree that the rights and obligations of any entrant and/or Contest Entities and/or any
other party shall be resolved individually, without resort to any form of class action.
PUBLICITY RIGHTS: By participating in this Contest, each entrant agrees to allow the
Sponsor and Sponsor’s designee the perpetual right to use their name, address (city and state),
biographical information, likeness, picture and other information and content provided in connection
with the Contest for promotion, trade, commercial, advertising and publicity purposes in all media
worldwide including, but not limited to, on television and the Internet, without notice, review or
approval and without additional compensation, except where prohibited by law.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and
agrees that the relationship between the entrant and the Contest Entities is not a confidential,
fiduciary or other special relationship, and that the entrant’s decision to provide the entrant’s Entry
to Sponsor for purposes of the Contest does not place the Contest Entities in a position that is any
different from the position held by members of the general public with regard to elements of the
entrant’s Entry. Each entrant understands and acknowledges that the Contest Entities have wide access to
ideas, stories, designs and other literary materials, and that new ideas are constantly being submitted
to it or being developed by their own employees. Each entrant also acknowledges that many ideas,
artworks, images, drawings, illustrations, animation, photos or videos (including those contained in
other entries) may be competitive with, similar or identical to the Entry and/or each other in theme,
idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be
entitled to any compensation as a result of any Contest Entity’s use of any such similar or identical material.
Each entrant acknowledges and agrees that the Contest Entities do not now and shall not have in the future
any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the
infringement or protection of the copyright in and to the Entry. Finally, each entrant acknowledges
that, with respect to any claim by entrant relating to or arising out of a Contest Entity’s actual or
alleged exploitation or use of any Entry or other material submitted in connection with the Contest, the
damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient
to entitle such Entrant to seek injunctive or other equitable relief and entrant’s rights and remedies
in any such event shall be strictly limited to the right to recover damages, if any, in an action at
NO OBLIGATION TO USE:
Sponsor shall have no obligation (express or implied) to use any Entry, or to otherwise exploit any
Entry or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any
time abandon the use of any Entry for any reason, with or without legal justification or excuse, and
entrants shall not be entitled to any damages or other relief by reason thereof.
FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments,
certificates of engagement for the Entry or other documents as Sponsor may reasonably require in order
to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the
same upon Sponsor’s request therefor.
GENERAL: Any attempted form of participation in this Contest other than as described
herein is void. If it is discovered or suspected in Sponsor’s sole and absolute discretion that a
entrant has registered, entered, or attempted to register or enter the Contest using multiple e-mail
addresses, identities, proxy servers or like methods, all of that entrant’s entries will be declared
null and void, and that Entrant will be ineligible to participate or win a prize. In the event of a
dispute as to the identity of a winner, the winning Entry will be declared made by the authorized
account holder of the e-mail address associated with the e-mail address used to submit the Entry and
such individual must comply with these Official Rules. The “authorized account holder” is defined as the
natural person who is assigned an e-mail address by an Internet access provider, online service provider
or other organization responsible for assigning e-mail addresses for the domain associated with the
submitted e-mail address. Each entrant may be required to show proof of being an authorized account
holder. Sponsor and Administrator reserve the right to disqualify any individual found, in its sole
opinion, to be tampering with the operation of the Contest, to be acting in violation of these Official
Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of
the Contest. Any use of robotic, automatic, macro, programmed, third-party or like methods to
participate in the Contest will void any attempted participation effected by such methods and the
disqualification of the individual utilizing the same.
CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE
LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN
ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH
PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any
provision of these Official Rules or any word, phrase, clause, sentence or other portion thereof should
be held unenforceable or invalid for any reason, then that provision or portion thereof shall be
modified or deleted in such manner as to render the remaining provisions of these Official Rules valid
and enforceable. The invalidity or unenforceability of any provision of these Official Rules will not
affect the validity or enforceability of any other provision. Sponsor’s and/or Administrator’s
interpretation of these Official Rules is final and binding in all matters related to the Contest.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that
provision and such provision shall remain in full force and effect. All Entries and/or materials
submitted will not be returned. In the event of any conflict with any Contest details contained in these
Official Rules and Contest details contained in any promotional materials (including but not limited to
point of sale, television and print advertising, promotional packaging and other promotional media), the
details of the Contest as set forth in these Official Rules shall prevail.
To obtain a list of the names of the winners, mail a self-addressed, stamped business-sized envelope to:
The Make the Merch Contest – P.O. Box 251328, West Bloomfield, MI 48325. Winner List requests must be
received by April 22, 2022.
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