Any individual who enters, attempts to enter or in any way participates or attempts to participate in the Brandcast Launch Party Website Design Contest (the “Contest”) conducted by Brandcast, Inc. (“Brandcast”) (each such individual is hereinafter referred to as a “Participant”) agrees to be bound by the terms and conditions provided in the official rules of the Contest below (the “Official Rules”), as well as by Brandcast’s interpretations of the Official Rules which are final and binding in all matters relating to the Contest.
1. NO PURCHASE IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE AN INDIVIDUAL’S CHANCES OF WINNING.
2. Odds of winning. The odds of winning depend upon the number of eligible entries received and/or the number of Participants participating in the Contest.
3. Eligibility. Participants and winners must be legal residents of the United States, at least eighteen (18) years or older, and they must have a valid US social security number as of the date and time of entering any contest. Winners acknowledge that if they enter the Contest under a fraudulent name and/or social security number, they will automatically be disqualified from the Contest.
4. Ineligible participants. Employees of Brandcast, their affiliates, their representatives, the Contest’s participating sponsors and their agencies and members of the immediate families of such are ineligible to participate or win. The term “immediate family” includes spouses, domestic partners, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
5. Contest description. Participants will use the Brandcast Design Studio (accessible via login at www.brandcast.com) to design a single-page website.
6. Contest entries. A Participant may enter the Contest by enrolling online at www.brandcast.com/designer-challenge.
7. Judging criteria. All eligible Contest entries will be judged by a team of Brandcast employees who are skilled in the fields of creative, marketing, media, and advertising. The judging criteria will be based on the following elements:
a. Overall. how well did the Participant address the theme and execute their concept.
b. Design Elements. how did the Participant use typography, information hierarchy, and color using Brandcast’s native design features.
c. Platform Competency. how far has the Participant explored some of the Brandcast Design Studio’s advanced features (for example: blending modes, transitions, transforms, and mobile optimization).
8. Promotional license. Participants grant to Brandcast the unrestricted right and license to use the Contest entries to market and promote the Brandcast Design Studio. This includes the worldwide right to copy, translate, broadcast, transmit, distribute, exhibit, perform, publish and display the Contest entries as incorporated into Brandcast’s marketing and promotional materials. Brandcast is granted no other rights to the Contest entries and acknowledges that it shall not gain any proprietary interest in the Contest entries.
9. Prize awards. Three (3) winning Participants will be selected by Brandcast. The first prize winner shall receive one-thousand dollars ($1,000), the second prize winner shall receive five-hundred dollars ($500), and the third prize winner shall receive two-hundred and fifty dollars ($250). All prizes must be accepted as awarded. Prizes are not transferable or exchangeable for any other prize. If a winning Participant fails to cash or deposit a prize check within ninety (90) calendar days, that winning Participant forfeits the prize and no other prize will be awarded in its place. If a winning Participant cannot be contacted or is disqualified, Brandcast reserves the right to determine an alternate winning Participant or to not award that winning Participant’s prize.
10. Delivery of prizes. Brandcast will mail checks to the winning Participants within fourteen (14) calendar days after completion of the Contest to the addresses provided by each winning Participant provided such Participant has provided the documentation listed in Paragraph 11 below. We are not responsible for any lost, stolen, misdirected or damaged mail.
11. Payment of taxes and related expenses. Each winning Participant is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize which are not expressly included as part of the prize.
12. Required documentation. Winners of prizes with a fair market value of $600 or greater must execute and return an IRS Form W-9 within seven (7) calendar days after receiving such forms or the prize will be forfeited. Brandcast may require proof of each winning Participant’s own social security number before a prize can be sent to such Participant.
13. Release of liability and Indemnification. As consideration for entering the Contest, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE Brandcast, the other Contest Entities (as described above) and each of its officers, employees, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the Released Parties), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Additionally, as consideration for entering the Contest, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
14. Contest termination or amendments. Brandcast has the sole discretion to terminate the Contest at any given time or extend the dates of the Contest. Brandcast retains the right to amend these rules at any time for any reason.
15. Issue resolution. Any ties, disputes, conflicts, questions or concerns regarding the Contest and/or its associated prizes will be handled by Brandcast’s, Director, Customer Success whose decisions are final and indisputable.
16. Binding arbitration. Any claim or controversy with Brandcast arising out of or relating to the Contest shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Federal Arbitration Act shall govern the interpretation and enforcement of the Contest and the Official Rules.
17. Choice of law. These Official Rules and the Contest are governed by and controlled by the laws of the State of California, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. The parties consent to the jurisdiction of the state courts of California, San Francisco County, and the federal courts located with such state and county with respect to any action, dispute or other matter pertaining to or arising out of these Official Rules and the Contest.
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
To request a copy of these official rules and/or a list of winning Participants after the Contest ends, send a self-addressed, stamped envelope to: Contest Rules, Brandcast Launch Party Website Design Contest, c/o Director, Customer Success, 842 Folsom Street, San Francisco, CA 94107.