ELIGIBILITY: Contest open to deviantART members who are at least seventeen (17) years old as of November 19, 2009. Employees, officers, directors and volunteers (and their immediate families and members of the same household) of deviantART, THQ Inc. ("THQ"), Vigil Games their respective affiliates, subsidiaries, parent companies, agents, judges and advertising and promotion agencies are not eligible to enter or win. Contest is void where prohibited by law. Membership in deviantART.com is free.
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.
To enter the Contest, entrant must follow the instructions on Contest Site and submit the completed entry of a piece of artwork originating in any medium depicting a creative and personal interpretation of the last days of earth during an "apocalypse" (the "Work"), inspired by graphic elements from the video game "Darksiders" made available to members of deviantART at the Contest Site ("Assets"). Entrants may use the Assets in their Work but may not use the Assets for any other purpose than for an entry to the Contest. The Work must be submitted in jpg, gif, or png file format but may originate in any visual medium. ENTRIES MUST BE RECEIVED BY 11:59:59 PM (PT) December 17, 2009. 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.
Do not submit original file of the Work. Entries will not be returned. You should retain and store the original file on your own.
The Work (i) may not have been made commercially available, won any other prize/award, been featured as a "Daily Deviation" nor previously submitted to any other contest, (ii) must be the exclusive original work of the entrant and made for the Contest, (iii) must be in keeping with deviantART and THQ's image, (iv) may not be inappropriate, offensive, libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized, as determined by deviantART 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 deviantART 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, (viii) may not contain commercial/corporate advertising, including but not limited to corporate logos, brand names, and slogans, other than those relating to the Assets, (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 and (xi) if found to be in violation of these rules will be disqualified and therefore removed from the Contest Site Gallery.
By submitting entry, entrant represents that (i) (s)he has the unrestricted right to submit the Work; (ii) all persons whose name, voice 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, a copy of which consent and grant will be furnished to deviantART upon request; and (iii) the Work does not infringe upon any third party's proprietary or other rights.
All Works submitted will remain the exclusive property of the entrant, provided each entrant agrees that:
entrant will not acquire any ownership or other interest in or to any or all of the Assets and the trademarks, logos and other intellectual property of deviantART, THQ, and/or Vigil Games contained in the Work;
except as expressly required in these Official Rules and in connection with the Work, entrant may not use the Assets in any manner whatsoever without the express prior written approval of the owner of the relevant Asset(s) (i.e., deviantART, THQ or Vigil Games, as the case may be);
during the Promotion Period, and for a period of one (1) year thereafter, eligible Works may be exhibited, posted or displayed at the Contest Site or otherwise in selections made by deviantART, THQ, and/or Vigil Games and in any form and media on or off the deviantART site in connection with promotion of the Contest and/or deviantART, THQ, or Vigil Games products;
during the ten (10) year period immediately following the Promotion Period (the "Display Period"), deviantART, THQ, or Vigil Games may (but will not be obligated to) display prize winning Works in any form and media in connection with the promotion of their respective businesses;
deviantART, THQ or Vigil Games may otherwise use prize winning Works in such manner and upon such terms and conditions as the relevant entrant may approve in writing (such approval not to be unreasonably withheld, delayed or conditioned); and
entrant may not authorize or permit any prize winning Work to be used to promote any product or service of any party other than entrant and deviantART, THQ or Vigil Games during the Display Period.
deviantART, THQ or Vigil Games or its assigns may commercially exploit the works as provided above without any liability or additional compensation or consideration to entrant of any kind. In the event either of deviantART, THQ or Vigil Games wish to exploit any Contest Work in a manner other than provided above, deviantART, THQ or Vigil Games as appropriate shall request prior written consent (such consent not be unreasonably withheld, delayed or conditioned) from the respective entrant.
SELECTION OF WINNERS: Potential winners will be selected on or about January 5, 2010 from all eligible entries. Twenty-five (25) semi-finalists will be selected by full-time deviantART Community Relations and Creative Staff on the basis of Originality, Creative Interpretation of the Theme, and Technical Skill. The semi-finalists will be posted in advance of final judging. Only one entry per entrant may be chosen as a semi-finalist entry. The First, Second and Third prize winners will be selected by the creative director of "Darksiders" Joe Madureira from Vigil Games. 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. Judging of the winners will be based on Originality, Creative Interpretation of the Theme, and Technical Skill in whatever degree the judges believe to be appropriate in reaching a decision.
PRIZES: One (1) 1st Prize package will be awarded, consisting of the following:(1) Limited edition statue of War from "Darksiders"; Choice of (1) Xbox 360 Elite or (1) Playstation 3 (120GB) ; a $400 American Express gift card; a "Darksiders" Prize Pack consisting of the following: (1) "Darksiders" shirt, (1) copy of "Darksiders" for either Xbox 360 or Playstation 3, and a "Darksiders" poster signed by Joe Madureira; a devWEAR shirt of your choice (depending on availability); and a one year premium membership to deviantART (Total Approximate Retail Value ("ARV") of the First Prize: $3,370).
One (1) 2nd Prize package will be awarded, consisting of the following: A $1,000 American Express gift card; a "Darksiders" Prize Pack consisting of the following: (1) "Darksiders" shirt, (1) copy of "Darksiders" for either Xbox 360 or Playstation 3, and a "Darksiders" poster signed by Joe Madureira; a devWEAR shirt of your choice (depending on availability); and a one year premium membership to deviantART (Total Approximate Retail Value ("ARV") of the Second Prize: $1,170).
One (1) 3rd Prize package will be awarded, consisting of the following: A $650 American Express gift card; a "Darksiders" Prize Pack consisting of the following: (1) "Darksiders" shirt, (1) copy of "Darksiders" for either Xbox 360 or Playstation 3, and a "Darksiders" poster signed by Joe Madureira; a devWEAR shirt of your choice (depending on availability); and a one year premium membership to deviantART (Total Approximate Retail Value ("ARV") of the Third Prize: $820).
Each of the 25 Semi-Finalists will receive a one month premium membership to deviantART.
Total ARV of all prizes to be awarded in this Contest is: $5,484. Odds of winning depend on number of eligible entries received and nature of Work. If Winner is a non-United States resident, a cash equivilent will be awarded instead of the "Darksiders" game and/or the Xbox 360 or Playstation 3. All prizes will be awarded (assuming sufficient number of entries). deviantART reserves the right to substitute prizes of equal or greater value. No other substitution, cash redemption or transfer of prizes permitted. deviantART responsible only for prize delivery; not responsible for prize utility, quality or otherwise. Prize winners shall be responsible for all applicable federal, state and local taxes including but not limited to any sales and income taxes. deviantART is the sponsor and is solely in charge of conducting this Contest.
VERIFICATION OF WINNERS AND DELIVERY OF PRIZES: Potential winners who are under the age of majority in their jurisdiction of residence and their parent or legal guardian will, and other potential winners may, be required to sign an affidavit of eligibility and liability release and, where permitted, a publicity release. Prize may be forfeited if affidavit or releases are not returned within 14 days after mailing to potential winner or if prize notification letter or prize is returned as undeliverable. Winner agrees to deviantART, THQ, or Vigil Games' use of his/her name, address, likeness, and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law.
GENERAL: This Contest is void 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. deviantART and judges not responsible for late, lost, stolen, damaged, garbled, incomplete, illegible, 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. deviantART and judges not responsible for electronic communications which 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. deviantART disclaims any liability for damage to any computer system resulting from participation in, or accessing, posting, uploading or downloading information in connection with, this Contest, and 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 deviantART'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. deviantART 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 deviantART 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. By accepting a prize, winner agrees to release deviantART, THQ, their respective directors, employees, officers, and agents, including without limitation, their advertising and promotion agencies, from any and all liability, loss or damages arising from or in connection with participation in the Contest, the awarding, receipt, and/or use or misuse of the prize or participation in any prize-related activities.
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, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
WINNERS LIST: To obtain winner's list, go to www.deviantart.com. Winners list will be available after selection and verification of winners.
SPONSORS: deviantART, Inc., 7095 Hollywood Blvd., #788, Hollywood, CA 90028. THQ, Inc. is not a sponsor of this Contest.
QUESTIONS REGARDING THIS CONTEST? Go to www.deviantart.com.