Dark Shadows: The Barnabas Portrait Project. Official Rules.

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED AND THE SKILL OF EACH ENTRANT. VOID WHERE PROHIBITED BY LAW.

PLEASE NOTE: THESE OFFICIAL RULES TAKE PRECEDENCE OVER ANY TERMS OR RIGHTS TO THE CONTRARY SET OUT IN DEVIANTART'S TERMS OF SERVICE, SUBMISSION POLICY OR ETIQUETTE POLICIES AND ANY SELECTION OF A CREATIVE COMMONS LICENSE WITH RESPECT TO YOUR ENTRY WILL BE TREATED AS NULL AND VOID TO THE EXTENT NOT CONSISTENT WITH THESE OFFICIAL RULES.

CONTEST BEGINS AT 12:00:00 AM (PT) ON APRIL 9, 2012 AND ENDS AT 11:59:59 PM (PT) ON APRIL 24, 2012 (THE "PROMOTION PERIOD"). THE SPONSOR OF THIS CONTEST IS DEVIANTART ("SPONSOR").

  1. HOW TO ENTER:

    • Membership to www.deviantart.com (the "Contest Site") is required to enter the Contest. Membership to www.deviantart.com is free.
    • If Entrant is already a registered member, Entrant is not automatically entered into the Contest.
    • Entrant must be a resident physically located in one (1) of the fifty (50) United States (including Puerto Rico and U.S. territories, possessions and military installations).
    • Entrant must be at least thirteen (13) years old as of April 9, 2012 to be eligible to enter the Contest.
    • Contest is void where prohibited by law.
    • Entrant must follow the instructions on the Contest Site and submit:

      • an original portrait (the “Work”) of Johnny Depp in character as Barnabas from the motion picture, Dark Shadows, as inspired by the materials provided for download at the Contest Site;

      • the Work must conform to one of the three templates provided at the Contest Site;

      • the shortest side of the Work must be at least 2,500 pixels in length;

      • the Work may originate in any medium, but must be submitted as a single JPG or PNG file;

      • you may not use any third party stock images for the Work, however licensed brushes and textures are acceptable.

    • ENTRIES MUST BE RECEIVED BY 11:59:59 PM (PT) ON APRIL 24, 2012.

      No illegible, incomplete, forged or altered entries will be accepted. Entrants may enter as many Works as they like however duplicate entries are not allowed. Employees, volunteers and contractors (and their immediate families and members of the same household) of Sponsor, Omnicom Media Group, Warner Bros. Entertainment Inc, their parents, subsidiaries, affiliates, officers, directors, partners, agents, judges and advertising and promotion agencies (collectively, “Contest Entities”) are not eligible to participate in the Contest or win. By entering and participating in the Contest:

    1. Entrants agree to these “Official Rules,” which are final in all respects.

    2. Entrants expressly acknowledge and agree (A) that the materials provided for inspiration at the Contest Site including photographs of the Dark Shadows cast, sets, the Dark Shadows logos and graphics script for "The Big Under", the trailer, the stills, other graphic marketing material for Dark Shadows, any other Contest Marks, the Dark Shadows title and title treatment and any other characters, themes, plots, look and feel, designs, artwork, names, marks, and logos associated with or related to Dark Shadows, and all derivatives of the foregoing, including without limitation, those portions of each Work submitted by Entrants hereunder that are inspired by or derived from any of the foregoing, and all intellectual property rights embodied therein (collectively, the "Dark Shadows Licensed Property") shall be and remain the sole and exclusive property of Warner Bros. Entertainment Inc. ("WBEI") and/or its affiliates or third party licensors (other than Sponsor or the Entrants), and (B) that Entrants' limited rights to use the Dark Shadows Licensed Property are limited to the following uses only: (1) Entrants may use the Dark Shadows Licensed Property for purposes of creating and submitting their eligible Work(s) for purposes of entering into the Contest in accordance with these Official Rules; and (2) even though the Entrants will own their Works, their ownership will always be subject to, and restricted by, WBEI's underlying rights in the Dark Shadows Licensed Property, so unless the Entrants are able to segregate from their Works all elements of Dark Shadows Licensed Property, the only rights Entrants have to display, distribute, make available, and/or reproduce their Works containing Dark Shadows Licensed Property are for their own personal, private, nonpublic use or in connection with the Entrants' "sharing" of their Work(s) (that have been entered into the Contest) on their own personal webpages or social networking pages or via email to their friends, but in no event shall Entrants obtain a fee, license, royalty or other payment in exchange for the Work(s). Entrants will not acquire any rights or interests of any kind whatsoever in the Dark Shadows Licensed Property or any material developed by Entrant based upon the Dark Shadows Licensed Property other than as set out in these Official Rules.

    3. The Work (i) may not have been made commercially available, won any other prize/award, been featured as a "Daily Deviation" nor been previously submitted to any other contest, (ii) must be the original work of the Entrant (not copied from anywhere else) and made for the Contest on deviantART, (iii) must be in keeping with WBEI’s image and consistent with the tone of the Dark Shadows Licensed Property, (iv) may not be inappropriate, offensive, libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized, as determined by the Sponsor in its sole discretion, (v) must not be harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way, as determined by Sponsor in its sole discretion, (vi) may not violate or encourage others to violate any applicable law, statute, ordinance or regulation, (vii) may not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person's personal or property rights or any other third party rights, or involve physical harm to any person or animal, (viii) may not contain commercial/corporate advertising, including but not limited to corporate logos, brand names, and slogans, other than those relating to Dark Shadows, and (ix) may not include any viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code or content that may harm or compromise the Contest Site and/or the proper conduct of the Contest, (x) may not use any watermarks or distinguishing artist marks (such as prominent signatures), and (xi) if found to be in violation of these Official Rules will be disqualified from the Contest and removed from the Contest Site Gallery.

    4. By submitting an Entry, Entrant warrants and represents that (i) (s)he has the unrestricted right to submit the Work and that the Work complies with the requirements set out in this Section 1 of the Official Rules; (ii) all persons, other than Johnny Depp, whose name or likeness appears in the Work ("Work Participants") have unconditionally consented in writing to their appearance in the Work and unconditionally granted Entrant in writing the right to submit the Work subject to these Official Rules and grant the rights granted hereunder, a copy of which consent and grant will be furnished to Sponsor upon request as a condition of qualification; and (iii) the Work does not infringe upon any third party's proprietary or other rights including copyrights and/or trademarks.

    5. All Works submitted by an Entrant will remain the property of that Entrant, subject to the terms and conditions of these Official Rules, including without limitation, the following:

      1. Entrant will not acquire any ownership or other interest in any Dark Shadows Licensed Property, or in and to any and all trademarks, logos and other intellectual property of WBEI contained in the Work; and Entrant hereby assigns to WBEI all rights, title and interest that Entrant may have in any portions of his/her Work that are inspired by or derived from any Dark Shadows Licensed Property, all of which derivatives shall be deemed to constitute Dark Shadows Licensed Property;

      2. except as expressly permitted in these Official Rules, Entrant may not use the Dark Shadows Licensed Property, in any other manner whatsoever;

      3. during the Promotion Period, and for a period of two (2) years thereafter, eligible Works submitted to the Contest may be posted at the Contest Site and/or otherwise used by Sponsor or by WBEI or any of its affiliates in any media or manner for purposes of promoting the Contest or Dark Shadows (including, without limitation, its home entertainment releases and on WBEI controlled social network accounts such as Facebook and/or Twitter);

      4. WBEI may further use the first, second and third place winning Works in the advertising and promotion of Dark Shadows in any fashion whatsoever for the full term of copyright without any further compensation to the Entrant and the first, second, and third place winners shall provide these rights in writing as part of the winner's execution of his or her Affidavit of Eligibility and Liability and (where legal) Publicity Release (the "Affidavit") a copy of which will be provided to the winners for execution upon the selection of that Entrant as a winner;

      5. as condition for the limited license granted to use the Dark Shadows Licensed Property, Entrant may not authorize or permit any Work to be used commercially or to promote any product or service of any party (other than WBEI or any of its affiliates or Dark Shadows) and Entrant further agrees not to use his or her Work for any purpose other than non-commercial display or email to friends or in connection with a display on a personal webpage, a deviantART account or in a personal account on a social network, including deviantART; and

      6. upon submission, Entrants irrevocably grant to Sponsor and WBEI a limited, non-exclusive license to copy, modify (only for formatting purposes), distribute, publicity perform and publicity display Entrant’s Work for the purposes described in these Official Rules.

  1. SELECTION OF WINNERS: Potential winners will be selected on or about April 25, 2012 from all eligible entries. Ten (10) semi-finalists will be selected by full-time deviantART Staff, on the basis of Overall Visual Impact, Success As A Portrait Of The Character Barnabas From Dark Shadows, and Technical Skill . The semi-finalists will be posted in advance of final judging. Only one Work per Entrant may be chosen as a semi-finalist Entry. From the ten (10) semi-finalists, the three (3) top winners will be selected by the director of Dark Shadows, Tim Burton. The three (3) top winners will be announced on or about May 11, 2012. The judges' decisions are final on all matters relating to the Contest. In the event of a tie in any portion of the judging process, the judges themselves will resolve the tie to the appropriate number of semi-finalists or ranked winners as applicable.

  2. PRIZES: There will be one (1) Grand-Winner Prize package, one (1) 2nd Place Prize package, one (1) 3rd Place Prize package and seven (7) Semi-Finalist Prize Packages awarded consisting of the following:

    1st Place Prize Package: a framed copy of the entry, $3,500 USD cash, a dA hoodie or jacket of winner’s choice (based on availability), a dA Digital Backpack, 16,000 deviantART Points, Dark Shadows merchandise, and a one (1) year Premium Membership to deviantART (Total Approximate Retail Value ("ARV") of 1st Prize package: $4,192.90.)

    2nd Place Prize Package: $2,500 USD cash, a dA hoodie or jacket of winner’s choice (based on availability), a dA Digital Backpack, 8,000 deviantART Points, Dark Shadows merchandise, and a one (1) year Premium Membership to deviantART (ARV of 2nd Prize: $2,792.90)

    3rd Place Prize Package: $1,500 USD cash, a dA hoodie or jacket of winner’s choice (based on availability), a dA Digital Backpack, 8,000 deviantART Points, Dark Shadows merchandise, and a one (1) year Premium Membership to deviantART (ARV of 3rd Prize: $1,792.90)

    Semi-Finalists Prize Package: a dA Digital Backpack, 8,000 deviantART Points, Dark Shadows merchandise, and a one (1) year Premium Membership to deviantART (ARV of Semi-Finalist Prize: $244.90)

    Total ARV of all prizes: Ten Thousand Four Hundred Ninety-Three Dollars ($10,493.00 USD). All prizes will be awarded (assuming sufficient and eligible number of Entries have been submitted in accordance with these Official Rules). ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Sponsor reserves the right to substitute prizes of equal or greater value. No other substitution or transfer of prizes permitted. Taxes and fees, if any, are the sole responsibility of prize winners. All prize details not specified in these Official Rules will be determined b in Sponsor’s sole and absolute discretion.

  3. VERIFICATION OF WINNERS AND DELIVERY OF PRIZES: The parent or legal guardian of all potential winners who are under the age of majority in their state of residence (which is eighteen (18) in most states, but nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) and all other potential winners will be required to sign an affidavit of eligibility and liability release (“Affidavit”) in accordance with the provisions of these Official Rules and, where permitted, a publicity release. Prize may be forfeited if Affidavit is not returned within seven days after mailing to potential winner or if prize notification letter or prize is returned as undeliverable. Winner agrees to Sponsor's and WBEI's use of his/her name, home state, likeness, and/or prize information for promotional purposes in any medium in connection with the promotion of the Contest and/or Dark Shadows without additional compensation to the extent permitted by law.

  4. GENERAL: This Contest is void outside the United States and where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations. This Contest will be governed by the internal laws of the State of California. Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction within the State of California. None of the Contest Entities are responsible for late, lost, stolen, damaged, garbled, incomplete, misaddressed, postage due, incorrect or misdirected entries, mail or communications, for errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices, or transmission lines or data corruption, theft, destruction, unauthorized access to or alteration of entry materials, loss or otherwise. None of the Contest Entities are responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant's e-mail account to receive e-mail messages. Contest Entities disclaim any liability for damage to any computer system resulting from participation in, or accessing, posting, uploading or downloading information in connection with, this Contest. Sponsor reserves the right, in its sole discretion, to modify, cancel, terminate or suspend this Contest should any virus, bug, technical failures, unauthorized human intervention or other causes beyond Sponsor's reasonable control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In the event of any such cancellation, termination or suspension, a notice will be posted on the Contest Site and the winners will be selected from among all eligible Entries received prior to such time. Sponsor reserves the right, in its sole discretion, to disqualify any Entrant from this Contest or any other promotion conducted now or in the future by Sponsor or any of their affiliates if the Entrant's fraud or misconduct adversely affects the integrity of the Contest. By participating in this Contest, each Entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the judges and warrants that s/he is eligible to participate in this Contest.

  5. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

  6. RELEASE OF CLAIMS AND WAIVER OF LIABILITY: By participating in this Contest, each Entrant agrees to release, defend, indemnify, and hold harmless each of the Contest Entities and each of their respective their respective officers, directors, shareholders, employees, agents, representatives, successors and assigns (collectively, the "Releases") from any and all claims, demands, actions, suits, proceedings or liability of any kind whatsoever (collectively "Claims") which Entrant or anyone claiming through him or her, may have at present or which may occur at any time hereafter, known or unknown, suspected or unsuspected, arising out of, or in connection with, or in any manner related to, any of the following: (i) entrant's Work(s) or any part(s) thereof; (ii) any use or failure to use the Work(s) by Sponsor or WBEI; (iii) the exercise by Sponsor or WBEI of any of the rights granted by Entrant hereunder; (iv) any distortion, blurring or alteration of, editorial revisions to, changes or errors in, the information or other materials contained in the Work(s) or in any part(s) thereof; (v) Entrant's participation or inability to participate in the Contest and/or related to any prize; or (vi) Entrant's use, misuse, inability to use or unwillingness to use any of the prizing awarded in the Contest or any component thereof. This release is intended to include, without limitation, any Claims for libel, slander, defamation, false light, intentional infliction of emotional distress, or copyright infringement. Entrant agrees that (s)he will not make, assert or maintain against any of the Releasees or any of their authorized designees any Claims related to any of the foregoing. Entrant agrees to defend, indemnify and hold harmless each of the Releasees from and against any and all Claims, losses, damages, costs and expenses (including reasonable outside attorneys' fees) of any kind or nature whatsoever in connection therewith which may be made or suffered by the Releasees by reason of the breach of any of Entrant's warranties, representations or undertakings under any provision of these Official Rules. In agreeing to the release provisions of this paragraph, entrant understands that (s)he may be waiving rights with respect to Claims that are at this time unknown or unsuspected, and in accordance with such waiver, entrant hereby acknowledges that (s)he has read and understands, and hereby expressly waives the benefits of Section 1542 of the Civil Code of California, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

  7. PRIVACY POLICY AND TERMS OF USE: If you enter the Contest, Sponsor will not have access to any additional personal information other than the information provided to Sponsor at the time Entrant became a member. Such information is subject to Sponsor’s Privacy Policy and Terms of Use. As a semi-finalist or finalist in the Contest, you may be required to provide additional personal information to firm your eligibility. In addition, each Entrant further acknowledges that if he/she is chosen as a winner, certain of his/her identifying information may be disclosed to third parties as required by law, including, without limitation, on a winner’s list.

  8. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with the terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of thee documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in the Contest related materials and/or the terms and conditions of these Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

  9. WINNER'S LIST:To obtain winner's list, go to www.deviantart.com. Winners list will be available after selection and verification of winners.

  10. SPONSOR: deviantART, Inc., 7095 Hollywood Blvd., #788, Hollywood, CA 90028

  11. QUESTIONS REGARDING THIS CONTEST? Go to www.deviantart.com.

© deviantART, Inc. 2012

All trademarks are the property of their respective owners.

Warner Bros. Entertainment Inc. and its parents, affiliates, and subsidiaries are not responsible for the promotion, administration, or execution of this Contest.

PLEASE NOTE: THESE OFFICIAL RULES TAKE PRECEDENCE OVER ANY TERMS OR RIGHTS TO THE CONTRARY SET OUT IN DEVIANTART'S TERMS OF SERVICE, SUBMISSION POLICY OR ETIQUETTE POLICIES AND ANY SELECTION OF A CREATIVE COMMONS LICENSE WITH RESPECT TO YOUR ENTRY WILL BE TREATED AS NULL AND VOID TO THE EXTENT NOT CONSISTENT WITH THESE OFFICIAL RULES.

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