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OFFICIAL RULES:
NO PURCHASE NECESSARY.
Please read these Official Rules before using the HEROGRINDER BIOROID CUSTOMIZER App (the “App”) and entering the MONTHLY HEROGRINDER BIOROID CUSTOMIZER CONTEST (the “Contest”). By using the App and submitting an entry, entrants (hereafter referred to as “Contestants”) represent that they (a) are eligible to enter the Contest, (b) have read and agree to be bound by these Official Rules, and (c) agree to Herogrinder’s decisions related to the Contest as described in these Official Rules.
ELIGIBILITY:
The Contest is only open to legal residents of the United States (including the District of Columbia), Australia, Canada, New Zealand, and the member countries of the European Union, only to those who have Internet access prior to the Contest start date (the “Contestants”). Contestants may not be represented under any contract that would limit or impair the Sponsor’s ability to use the Contestant’s Submission (as defined below) from the App in any media form; nor can the Contestant be subjected to or under any merchandising agreement or 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 (as defined below) to use royalty-free, the Submission worldwide in all media in perpetuity. All such individuals are also not eligible.
This Contest is sponsored by Modern Ltd., 1055 Budapest, Falk Miksa u. 14, Hungary (“Sponsor”). Employees, officers, directors, agents, business associates and representatives of the Sponsor, Modern Ltd., or the legal, promotion, and/or advertising agencies of the aforementioned entities (hereafter “Contest Entities”), including 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, provincial and local laws and void where prohibited.
TIMING:
ALL ENTRIES MUST BE SUBMITTED DURING THE CONTEST SUBMISSION PERIOD. CONTESTANTS ARE RESPONSIBLE FOR DETERMINING THE APPLICABLE CONTEST ENTRY TIMES IN THEIR RESPECTIVE TIME ZONES.
The official Contest Submission Period is displayed on the Contest Site (“Site”) - https://herogrinder.com/biodroid-customizer.html in Eastern Standard Time (“EST”) for each active Contest. The Contest starts at 00:01 on the first day of each month ends after at 24:00 on the last day of the same month (the “Contest Submission Period”). Voting is open until the Contest Submission Period is active for the given period and winners are announced after the Contest Submission Period expires.
HOW TO ENTER:
Limit eight (8) entries per Contestant per Contest Submission Period. Only entries submitted in accordance with these Official Rules will be eligible. Contestants are subject to Sponsor’s terms of use and privacy policy located at https://www.herogrinder.com/privacy.
Here’s how to enter:
a) During the Contest Submission Period, download the App and configure your characters. Submit them to the Contest through the App, according to the submission guidelines section contained in these rules (the “Submission Guidelines”). You will have to register an account with an e-mail address and unique display name so that you can be notified of the results and so that your Submissions may be displayed on the Site. You can share your entries on social channels and collect votes on the Site for your Submissions (“Submissions”).
b) Your Submissions will include a short Character name that will be displayed on the Site next to the entry.
c) If you have any questions or something to discuss, you can ask us on Messenger: m.me/HeroGrinder or write us at info@herogrinder.com.
d) The only way to enter is the App. No other methods of entry will be accepted. All Submissions received by the end of the Contest Submission Period that are complete and otherwise qualified will be eligible. The Sponsor reserves the right to disqualify any Contestant it finds to be tampering with the entry process through the App or the operation of the Contest or violating these Official Rules; all associated Submissions will be void. Persons discovered entering more than eight (8) times will be disqualified. Any submission of robotic, automatic, or programmed Submissions, or any Submissions made through other unapproved methods are void. Contest Entities reserve the right to disqualify false Submissions or Submissions suspected of being false or fraudulent. Contest Entities are 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 are Contest Entities responsible for any problems, bugs or malfunctions Contestants may encounter when seeking to enter their Submissions. Contestants are solely responsible for compliance with these Submission Guidelines.
e) By uploading your Submission, you represent that your Submission (including your artwork) conforms to the Submission Guidelines, Sponsor’s Privacy Policy, 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 Official Rules or is otherwise not in keeping with Sponsor’s image.
SUBMISSION GUIDELINES:
Your characters can be as creative as you like within the following guidelines:
a) You can feature images that are available in the App. All content in the App, and intellectual property rights therein, are owned by the Sponsor or its licensors and expressly reserved by the Sponsor (“Property”). You have the right to use the Property for the purpose of creating a Submission for this Contest and for no other purpose outside of this Contest.
b) Artwork that you upload into the app may not refer to or rely on any trademark, logo, or trade name of any third party other than the Sponsor. For example, no Marvel Universe logos on characters, despite however awesome that might be.
c) Your Submissions can be as creative as you wish.
d) Your Submission may not depict or describe any nudity, animal or plant cruelty, harmful or illegal activity or substances, or be offensive, racist, obscene, political charged or contain inflammatory subject matter as determined at our sole discretion. No Submission shall portray Contest Entities. Please, no personal attacks on anyone.
e) The name of the Submission must not be longer than 20 characters and must also comply with these Official Rules.
f) Your Submission and any enclosed details must not contain material that is unlawful or in violation of or contrary to the laws or regulations in any jurisdiction where the Submission is created.
ADDITIONAL GUIDELINES: All Submissions must be created by the Contestant who makes the Submission. So while we want you to be creative, you need to be careful. You may not copy or otherwise plagiarize any source, nor may your Submission 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 Submission 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.
If, in the sole discretion of the Sponsor, your Submission constitutes copyright infringement, the Submission will be disqualified. The Contestant agrees to indemnify the Content Entities against any and all claims of infringement from any third party for any use by the Contest Entities of the design Submission.
We reserve the right to exclude any Submission that we believe does not meet the above criteria or otherwise does not comply with these Official Rules, at our sole discretion.
WINNER SELECTION AND NOTIFICATION:
Judging is automatic and will be completed in one (1) round. All Submissions will be pre-screened by Contest Entities to insure they have correctly met the Submission Guidelines and meet with the Sponsor’s general standards and practices prior to their display on the Site (“Qualified Submissions”). Winners (“Winners”) are based solely on the number of votes they receive during the Contest Submission Period.
Any communication or information transmitted to the Sponsor and/or by electronic mail, through the App, 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, the Contest Entities shall have no liability for any Submission that is lost, intercepted or not received by the Sponsor. The Contest Entities are not responsible for delays in finalizing winners.
In accordance with the License section below, 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, Reddit, Imgur, Steam, Discord, and YouTube pages. The Contestants understand that users of these sites may share, embed, comment on (including negatively) and re-post their Submissions during and after the Contest Submission Period. Contest Entities are not responsible for such third-party activities.
The display name and character name of each Qualified Contestant may be announced and posted on the Contest Entities’ website(s) and social media pages, including but not limited to Facebook, Twitter, Reddit, Instagram, Imgur, Steam, Discord, and YouTube, and in all other media and media forms to be determined solely at the Sponsor’s and Contest Entities’ discretion.
Contestants will be notified of their Submissions and Qualified Submissions by email (“Notification”), to the email provided upon registration, as will Winners.Winners will be required to respond to the Notification by email (as directed) within 96 hours of attempted Notification. The failure to respond timely to the Notification may result in forfeiture of the prize (as later described herein); and, in such case, the Sponsor may choose the next highest scoring Submission from among the remaining eligible submissions. If a Winner 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 the Sponsor’s sole discretion. Acceptance of any prize shall constitute and signify each Winner’s shipping address and/or prize information in connection with the Contest, the App, 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. With permission and where applicable, their social media handles and/or website pages may also be promoted upon the Sponsor’s social and promotional outlets. The Sponsor will not make multiple attempts to contact Winners. Winner selection is subject to verification, including verification of the Winner’s eligibility.
PRIZE PACKAGES:
Up to three (3) prize packages can be available to be awarded to Winners during the Contest Submission Period. Winners may have their art used as the lead image on the Site. Contest Entities are not obligated to use any Submission on any promotional product. The Sponsor may change the prize packages and number of Winners at its sole discretion.
Additionally, each Submission may also be featured on the Contest Entities’ websites, at the Contest Entities’ sole discretion.
Each prize package for each Winner is valued at a maximum of USD $80 (eighty United States Dollars), which includes 3D model of the character plus shipping costs.
For all prizes, all federal, state provincial and local taxes (including income and withholding taxes) and other expenses in connection with the prize are the sole responsibility of the Winner. Winners are solely responsible for any other unspecified expenses related to prize. All activities related to the prize, are at the Winners’ own risk and subject to whatever restrictions are imposed by the entities that govern activities. Winners not entitled to any surplus between actual retail value of the 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 is allowed, 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 a prize is awarded but goes unclaimed or is forfeited by recipient, the prize will be forfeited and, at Sponsor’s discretion, an alternate Winner will be selected.
LICENSE:
As a condition of making a Submission and accepting any prize, and unless prohibited by applicable law, all Contestants hereby grant the Contest Entities, and their respective licensees, designees, assigns and successors (collectively, “Licensed Parties”) a shared worldwide license to use, edit, modify, distribute, copy, create derivative works from, and publicly display the Submission, in whole or in part, in any and all media throughout the world until the expiration of this license, for any purpose whatsoever (including without limitation as a PC wallpaper, in a game 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 vote will be chosen from the remaining Submissions 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 Licensed Parties any of these rights. The terms agreed upon in the publishing contract as part of the Prize Packages shall override any points mentioned here.
At any time before or after the Contest Submission Period, the Contest Entities may post, share or print Submissions in any order or sequence, with or without commentary, 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. Winners 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 Submission Period for promotional purposes, including without limitation, for the purpose of promoting the Site, social channels, other Contest Entities’ games, and Contest Entities’ offerings.
CONDITIONS:
The App and the 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, Winners agree to release Contest Entities, including their parent, subsidiary and affiliated entities together with their respective directors, employees, officers, licensees, business associates, 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) VoIP system, mobile phone 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. The Sponsor reserves the right to cancel or suspend the Contest, in its sole discretion, should it receive fewer than 5 entries, or receive no entries that have a judged score above 20 votes, or due to circumstances beyond its control, including natural disasters. Submissions will not be returned and may be destroyed.
By participating, each Contestant further agrees that Releasees 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 using the App and participation in the Contest, or acceptance of the prize, including without limitation, claims based on publicity rights, defamation, or invasion of privacy. UNDER NO CIRCUMSTANCES WILL CONTESTANTS BE PERMITTED TO OBTAIN AWARDS FOR, AND CONTESTANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEYS’ FEES, OTHER THAN CONTESTANT’S ACTUAL OUT-OF-POCKET EXPENSES (E.G. COSTS ASSOCIATED WITH ENTERING THE CONTEST). CONTESTANTS FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES INCREASED.
Releasees are not responsible and shall not be held liable, and your Submission 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).
The 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 or proper play of the Contest or the App. Sponsor may prohibit a Contestant from using the App or participating in the Contest or winning a prize if, in its sole discretion, it determines such Contestant 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 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 App and 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.
The laws of Hungary govern the Contest and all claims must be resolved in Hungary. As a condition of participating in the Contest, Contestants agree, to the extent permitted by law, that any and all disputes which cannot be resolved between the parties, and causes of action out of or in connection with this Contest, will be resolved individually, without resort to any form of class action, exclusively before a court located in Budapest, Hungary.
For residents of the EU: The limitations on damages provisions in the foregoing statements in this Section do not apply to claims against Sponsor their representatives and its vicarious agents for damages because of personal injury or death, and to claims for damages in case of intent or gross negligence by Sponsor, its representatives or vicarious agents. In such circumstances, the release will apply to the fullest extent permitted by law.
PUBLICITY:
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 state and country of any Contestant, including all or part of their Submission throughout the world, for the duration of the shared licenses, without any further 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 Winner be unwilling or otherwise unable to provide permissions and or releases or otherwise cannot accept or receive the prize for any reason, the Winner with the next highest score will be chosen from the remaining entries until one who is able to meet all requirements can be selected.
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.
PRIVACY AND PERSONAL INFORMATION:
Nothing in these Official Rules shall be deemed to exclude or restrict any of the Winners or any Contestant’s statutory rights as a consumer. Participation in the Contest implies authorization to collect, use and disclose the Contestant’s personal information including the right to transfer personal data to the United States and the European Union for purposes of administration of the Contest and prize fulfillment. All information submitted to the Sponsor as part of this Contest will be treated in accordance with Sponsor’s privacy policy, available at https://herogrinder.com/privacy. Personal information includes name, address, email address, country of residence, and will be used to: (a) contact potential Winners; and (b) if a Contestant selects to receive additional information from the Contest’s entry form, to send additional information to that Contestant; and (c) to publicly announce the winners of the Contest. The recipient of your personal data is the Sponsor and Contest Entities.
For Residents of France Only: Pursuant to French law pertaining to data collection and processing, you have a right of access to, modification and withdrawal of your personal data. You also have the right of opposition to the data collection, under certain circumstances. To exercise such right, you may info@herogrinder.com. The data controller is the Sponsor. The recipient of your personal data is the Sponsor. Your data might be transferred outside the European Union.
For Residents of Germany Only: Pursuant to the German Federal Data Protection Act, you have a right to information about the personal data stored about you, including its origin, recipient or categories of recipients of the data and the purpose of the storage. In addition, you have the right of correction and, in certain circumstances, to disabling and deletion of your data and, in certain circumstances, the right to object to the collection, processing and use of your personal data. To exercise such right, you may info@herogrinder.com.
All Contestants have the right to access, withdraw, and correct their personal data. Contestants may request such action by sending a message with the request, subject line “HEROGRINDER CHARACTER CUSTOMIZER CONTEST” to info@herogrinder.com.
OFFICIAL RULES AND WINNERS LIST:
For a copy of these Official Rules, you may download the page you are viewing and print it out. For a list of the last month's Winners, check back on the Site on the first day of each month.
NO PURCHASE NECESSARY.
Please read these Official Rules before using the HEROGRINDER BIOROID CUSTOMIZER App (the “App”) and entering the MONTHLY HEROGRINDER BIOROID CUSTOMIZER CONTEST (the “Contest”). By using the App and submitting an entry, entrants (hereafter referred to as “Contestants”) represent that they (a) are eligible to enter the Contest, (b) have read and agree to be bound by these Official Rules, and (c) agree to Herogrinder’s decisions related to the Contest as described in these Official Rules.
ELIGIBILITY:
The Contest is only open to legal residents of the United States (including the District of Columbia), Australia, Canada, New Zealand, and the member countries of the European Union, only to those who have Internet access prior to the Contest start date (the “Contestants”). Contestants may not be represented under any contract that would limit or impair the Sponsor’s ability to use the Contestant’s Submission (as defined below) from the App in any media form; nor can the Contestant be subjected to or under any merchandising agreement or 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 (as defined below) to use royalty-free, the Submission worldwide in all media in perpetuity. All such individuals are also not eligible.
This Contest is sponsored by Modern Ltd., 1055 Budapest, Falk Miksa u. 14, Hungary (“Sponsor”). Employees, officers, directors, agents, business associates and representatives of the Sponsor, Modern Ltd., or the legal, promotion, and/or advertising agencies of the aforementioned entities (hereafter “Contest Entities”), including 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, provincial and local laws and void where prohibited.
TIMING:
ALL ENTRIES MUST BE SUBMITTED DURING THE CONTEST SUBMISSION PERIOD. CONTESTANTS ARE RESPONSIBLE FOR DETERMINING THE APPLICABLE CONTEST ENTRY TIMES IN THEIR RESPECTIVE TIME ZONES.
The official Contest Submission Period is displayed on the Contest Site (“Site”) - https://herogrinder.com/biodroid-customizer.html in Eastern Standard Time (“EST”) for each active Contest. The Contest starts at 00:01 on the first day of each month ends after at 24:00 on the last day of the same month (the “Contest Submission Period”). Voting is open until the Contest Submission Period is active for the given period and winners are announced after the Contest Submission Period expires.
HOW TO ENTER:
Limit eight (8) entries per Contestant per Contest Submission Period. Only entries submitted in accordance with these Official Rules will be eligible. Contestants are subject to Sponsor’s terms of use and privacy policy located at https://www.herogrinder.com/privacy.
Here’s how to enter:
a) During the Contest Submission Period, download the App and configure your characters. Submit them to the Contest through the App, according to the submission guidelines section contained in these rules (the “Submission Guidelines”). You will have to register an account with an e-mail address and unique display name so that you can be notified of the results and so that your Submissions may be displayed on the Site. You can share your entries on social channels and collect votes on the Site for your Submissions (“Submissions”).
b) Your Submissions will include a short Character name that will be displayed on the Site next to the entry.
c) If you have any questions or something to discuss, you can ask us on Messenger: m.me/HeroGrinder or write us at info@herogrinder.com.
d) The only way to enter is the App. No other methods of entry will be accepted. All Submissions received by the end of the Contest Submission Period that are complete and otherwise qualified will be eligible. The Sponsor reserves the right to disqualify any Contestant it finds to be tampering with the entry process through the App or the operation of the Contest or violating these Official Rules; all associated Submissions will be void. Persons discovered entering more than eight (8) times will be disqualified. Any submission of robotic, automatic, or programmed Submissions, or any Submissions made through other unapproved methods are void. Contest Entities reserve the right to disqualify false Submissions or Submissions suspected of being false or fraudulent. Contest Entities are 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 are Contest Entities responsible for any problems, bugs or malfunctions Contestants may encounter when seeking to enter their Submissions. Contestants are solely responsible for compliance with these Submission Guidelines.
e) By uploading your Submission, you represent that your Submission (including your artwork) conforms to the Submission Guidelines, Sponsor’s Privacy Policy, 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 Official Rules or is otherwise not in keeping with Sponsor’s image.
SUBMISSION GUIDELINES:
Your characters can be as creative as you like within the following guidelines:
a) You can feature images that are available in the App. All content in the App, and intellectual property rights therein, are owned by the Sponsor or its licensors and expressly reserved by the Sponsor (“Property”). You have the right to use the Property for the purpose of creating a Submission for this Contest and for no other purpose outside of this Contest.
b) Artwork that you upload into the app may not refer to or rely on any trademark, logo, or trade name of any third party other than the Sponsor. For example, no Marvel Universe logos on characters, despite however awesome that might be.
c) Your Submissions can be as creative as you wish.
d) Your Submission may not depict or describe any nudity, animal or plant cruelty, harmful or illegal activity or substances, or be offensive, racist, obscene, political charged or contain inflammatory subject matter as determined at our sole discretion. No Submission shall portray Contest Entities. Please, no personal attacks on anyone.
e) The name of the Submission must not be longer than 20 characters and must also comply with these Official Rules.
f) Your Submission and any enclosed details must not contain material that is unlawful or in violation of or contrary to the laws or regulations in any jurisdiction where the Submission is created.
ADDITIONAL GUIDELINES: All Submissions must be created by the Contestant who makes the Submission. So while we want you to be creative, you need to be careful. You may not copy or otherwise plagiarize any source, nor may your Submission 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 Submission 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.
If, in the sole discretion of the Sponsor, your Submission constitutes copyright infringement, the Submission will be disqualified. The Contestant agrees to indemnify the Content Entities against any and all claims of infringement from any third party for any use by the Contest Entities of the design Submission.
We reserve the right to exclude any Submission that we believe does not meet the above criteria or otherwise does not comply with these Official Rules, at our sole discretion.
WINNER SELECTION AND NOTIFICATION:
Judging is automatic and will be completed in one (1) round. All Submissions will be pre-screened by Contest Entities to insure they have correctly met the Submission Guidelines and meet with the Sponsor’s general standards and practices prior to their display on the Site (“Qualified Submissions”). Winners (“Winners”) are based solely on the number of votes they receive during the Contest Submission Period.
Any communication or information transmitted to the Sponsor and/or by electronic mail, through the App, 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, the Contest Entities shall have no liability for any Submission that is lost, intercepted or not received by the Sponsor. The Contest Entities are not responsible for delays in finalizing winners.
In accordance with the License section below, 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, Reddit, Imgur, Steam, Discord, and YouTube pages. The Contestants understand that users of these sites may share, embed, comment on (including negatively) and re-post their Submissions during and after the Contest Submission Period. Contest Entities are not responsible for such third-party activities.
The display name and character name of each Qualified Contestant may be announced and posted on the Contest Entities’ website(s) and social media pages, including but not limited to Facebook, Twitter, Reddit, Instagram, Imgur, Steam, Discord, and YouTube, and in all other media and media forms to be determined solely at the Sponsor’s and Contest Entities’ discretion.
Contestants will be notified of their Submissions and Qualified Submissions by email (“Notification”), to the email provided upon registration, as will Winners.Winners will be required to respond to the Notification by email (as directed) within 96 hours of attempted Notification. The failure to respond timely to the Notification may result in forfeiture of the prize (as later described herein); and, in such case, the Sponsor may choose the next highest scoring Submission from among the remaining eligible submissions. If a Winner 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 the Sponsor’s sole discretion. Acceptance of any prize shall constitute and signify each Winner’s shipping address and/or prize information in connection with the Contest, the App, 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. With permission and where applicable, their social media handles and/or website pages may also be promoted upon the Sponsor’s social and promotional outlets. The Sponsor will not make multiple attempts to contact Winners. Winner selection is subject to verification, including verification of the Winner’s eligibility.
PRIZE PACKAGES:
Up to three (3) prize packages can be available to be awarded to Winners during the Contest Submission Period. Winners may have their art used as the lead image on the Site. Contest Entities are not obligated to use any Submission on any promotional product. The Sponsor may change the prize packages and number of Winners at its sole discretion.
Additionally, each Submission may also be featured on the Contest Entities’ websites, at the Contest Entities’ sole discretion.
Each prize package for each Winner is valued at a maximum of USD $80 (eighty United States Dollars), which includes 3D model of the character plus shipping costs.
For all prizes, all federal, state provincial and local taxes (including income and withholding taxes) and other expenses in connection with the prize are the sole responsibility of the Winner. Winners are solely responsible for any other unspecified expenses related to prize. All activities related to the prize, are at the Winners’ own risk and subject to whatever restrictions are imposed by the entities that govern activities. Winners not entitled to any surplus between actual retail value of the 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 is allowed, 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 a prize is awarded but goes unclaimed or is forfeited by recipient, the prize will be forfeited and, at Sponsor’s discretion, an alternate Winner will be selected.
LICENSE:
As a condition of making a Submission and accepting any prize, and unless prohibited by applicable law, all Contestants hereby grant the Contest Entities, and their respective licensees, designees, assigns and successors (collectively, “Licensed Parties”) a shared worldwide license to use, edit, modify, distribute, copy, create derivative works from, and publicly display the Submission, in whole or in part, in any and all media throughout the world until the expiration of this license, for any purpose whatsoever (including without limitation as a PC wallpaper, in a game 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 vote will be chosen from the remaining Submissions 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 Licensed Parties any of these rights. The terms agreed upon in the publishing contract as part of the Prize Packages shall override any points mentioned here.
At any time before or after the Contest Submission Period, the Contest Entities may post, share or print Submissions in any order or sequence, with or without commentary, 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. Winners 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 Submission Period for promotional purposes, including without limitation, for the purpose of promoting the Site, social channels, other Contest Entities’ games, and Contest Entities’ offerings.
CONDITIONS:
The App and the 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, Winners agree to release Contest Entities, including their parent, subsidiary and affiliated entities together with their respective directors, employees, officers, licensees, business associates, 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) VoIP system, mobile phone 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. The Sponsor reserves the right to cancel or suspend the Contest, in its sole discretion, should it receive fewer than 5 entries, or receive no entries that have a judged score above 20 votes, or due to circumstances beyond its control, including natural disasters. Submissions will not be returned and may be destroyed.
By participating, each Contestant further agrees that Releasees 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 using the App and participation in the Contest, or acceptance of the prize, including without limitation, claims based on publicity rights, defamation, or invasion of privacy. UNDER NO CIRCUMSTANCES WILL CONTESTANTS BE PERMITTED TO OBTAIN AWARDS FOR, AND CONTESTANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEYS’ FEES, OTHER THAN CONTESTANT’S ACTUAL OUT-OF-POCKET EXPENSES (E.G. COSTS ASSOCIATED WITH ENTERING THE CONTEST). CONTESTANTS FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES INCREASED.
Releasees are not responsible and shall not be held liable, and your Submission 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).
The 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 or proper play of the Contest or the App. Sponsor may prohibit a Contestant from using the App or participating in the Contest or winning a prize if, in its sole discretion, it determines such Contestant 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 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 App and 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.
The laws of Hungary govern the Contest and all claims must be resolved in Hungary. As a condition of participating in the Contest, Contestants agree, to the extent permitted by law, that any and all disputes which cannot be resolved between the parties, and causes of action out of or in connection with this Contest, will be resolved individually, without resort to any form of class action, exclusively before a court located in Budapest, Hungary.
For residents of the EU: The limitations on damages provisions in the foregoing statements in this Section do not apply to claims against Sponsor their representatives and its vicarious agents for damages because of personal injury or death, and to claims for damages in case of intent or gross negligence by Sponsor, its representatives or vicarious agents. In such circumstances, the release will apply to the fullest extent permitted by law.
PUBLICITY:
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 state and country of any Contestant, including all or part of their Submission throughout the world, for the duration of the shared licenses, without any further 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 Winner be unwilling or otherwise unable to provide permissions and or releases or otherwise cannot accept or receive the prize for any reason, the Winner with the next highest score will be chosen from the remaining entries until one who is able to meet all requirements can be selected.
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.
PRIVACY AND PERSONAL INFORMATION:
Nothing in these Official Rules shall be deemed to exclude or restrict any of the Winners or any Contestant’s statutory rights as a consumer. Participation in the Contest implies authorization to collect, use and disclose the Contestant’s personal information including the right to transfer personal data to the United States and the European Union for purposes of administration of the Contest and prize fulfillment. All information submitted to the Sponsor as part of this Contest will be treated in accordance with Sponsor’s privacy policy, available at https://herogrinder.com/privacy. Personal information includes name, address, email address, country of residence, and will be used to: (a) contact potential Winners; and (b) if a Contestant selects to receive additional information from the Contest’s entry form, to send additional information to that Contestant; and (c) to publicly announce the winners of the Contest. The recipient of your personal data is the Sponsor and Contest Entities.
For Residents of France Only: Pursuant to French law pertaining to data collection and processing, you have a right of access to, modification and withdrawal of your personal data. You also have the right of opposition to the data collection, under certain circumstances. To exercise such right, you may info@herogrinder.com. The data controller is the Sponsor. The recipient of your personal data is the Sponsor. Your data might be transferred outside the European Union.
For Residents of Germany Only: Pursuant to the German Federal Data Protection Act, you have a right to information about the personal data stored about you, including its origin, recipient or categories of recipients of the data and the purpose of the storage. In addition, you have the right of correction and, in certain circumstances, to disabling and deletion of your data and, in certain circumstances, the right to object to the collection, processing and use of your personal data. To exercise such right, you may info@herogrinder.com.
All Contestants have the right to access, withdraw, and correct their personal data. Contestants may request such action by sending a message with the request, subject line “HEROGRINDER CHARACTER CUSTOMIZER CONTEST” to info@herogrinder.com.
OFFICIAL RULES AND WINNERS LIST:
For a copy of these Official Rules, you may download the page you are viewing and print it out. For a list of the last month's Winners, check back on the Site on the first day of each month.