How Do You Drink Dr Pepper Contest Rules

CONTEST BEGINS AT 12:00:00 AM (PT) ON JULY 12, 2011 AND ENDS AT 11:59:59 PM (PT) ON AUGUST 22, 2011 (THE "PROMOTION PERIOD").

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 United States resident (excluding Puerto Rico and U.S. Territories) and at least 13 years old as of July 12, 2011. Contest is void where prohibited by law.

Entrant must follow the instructions on Contest Site and submit the completed entry of a piece of artwork that shows the Entrant’s visual interpretation of “How Do You Drink Dr Pepper.” The completed entry ("Work") must: i) be made in any medium of visual art, other than photography or three-dimensional media; ii) be suitable for use as a mural to be painted on a wall in a major metropolitan area for advertising purposes; iii) highlight the emotional or physical experience of drinking a Dr Pepper while incorporating Dr Pepper as a product, as a trademark and/or as a fluid; iv) use a graphic style which communicates the subject matter of the Work from the distance in which a mural in an urban setting would be viewed; v) submitted as a JPG or PNG file in approximately a 4:3 aspect ratio (landscape orientation) or submitted using the template provided at the Contest site; and vi) must be the original work of the Entrant without using any third-party stock imagery (licensed stock brushes and textures may be used). If you elect not to use the template, please be aware that the winning entry will have the Dr Pepper logo placed in the lower left hand corner in the same proportion as it appears in the template. Visual assets including images of Dr Pepper products ("The Marks") will be made available to members of deviantART at the Contest Site and can be used for reference. Only online entries will be accepted. No hard copies of the entry will be accepted. Do not submit original files.

ENTRIES MUST BE RECEIVED BY 11:59:59 PM (PT) on August 22, 2011. 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.
1. Works will not be returned. You will not be able to make a copy of your Work, except through the Contest Site's Gallery.
2. The Work (i) must be the exclusive original work of the entrant and made for the Contest; (ii) must be in keeping with the image of Dr Pepper; (iii) may not be inappropriate, offensive, libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized, as determined by the Sponsor in its sole discretion; (iv) 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; (v) may not violate or encourage others to violate any applicable law, statute, ordinance or regulation; (vi) 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; (vii) may not contain commercial/corporate advertising, including but not limited to corporate logos, brand names, and slogans, other than those relating to Dr Pepper; (viii) 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; (ix) may not use any distinguishing artist marks or watermarks (such as any prominent signature or symbol representing the artist); and (x) if found to be in violation of these rules will be disqualified and therefore removed from the Contest Site Gallery.
3. By submitting entry, entrant represents that (i) (s)he has the unrestricted right to submit the Work; (ii) all persons whose name or likeness appears in the Work 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 the Sponsor upon request; and (iii) the Work does not infringe upon any third party's proprietary or other rights.
4. All Works submitted will remain the exclusive property of the entrant, provided that:
  1. entrant will not acquire any ownership or other interest in any and all trademarks, logos and other intellectual property of Dr Pepper (collectively "The Marks") contained in the Work;
  2. except as expressly required in these Official Rules, entrant may not use The Marks in any manner whatsoever in connection with the Work or otherwise without Dr Pepper’s express prior written approval;
  3. during the Promotion Period, and for a period of one year thereafter, eligible Works submitted to the Contest may be posted at the Contest Site or otherwise displayed in selections made by Sponsor and/or Dr Pepper, and in any form and media on or off the deviantART site, but only in connection with promotion of the Contest and/or with reference to the Contest;
  4. during the ten (10) year period immediately following the Promotion Period (the "Display Period"), the Sponsor and/or Dr Pepper 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;
  5. entrant acknowledges that the 1st Place Prize winning Work will be transferred to a mural in one or more major metropolitan centers in the United States, and accordingly entrant consents to any adaptation of the Work for the purposes of the mural and to the use of the Work by Sponsor and/or Dr Pepper in any fashion in and in connection with mural. Entrant further acknowledges that Dr Pepper may place its logo on the Work as part of the mural;
  6. Entrant may not authorize or permit any first, second or third place prize winning Work to be used to promote any product or service of any party other than Entrant, the Sponsor and/or Dr Pepper during the Display Period.
  7. Sponsor and/or Dr Pepper may otherwise use prize winning Works in such a 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
  8. 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, the Sponsor and/or Dr Pepper during the Display Period.

SELECTION OF WINNERS: Potential winners will be selected on or about September 6, 2011 from all eligible entries. Fifteen (15) semi-finalists will be selected by full-time deviantART Staff on the basis of Visual Impact and Clarity When Used as a Mural, Success in Communicating the Subject Matter of the Challenge, Ability to Transfer to a Hand-Painted Mural, 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. From the semi-finalists, the final three (3) winners will be selected by Dr Pepper in-house marketing staff. 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 Visual Impact and Clarity When Used as a Mural, Success in Communicating the Subject Matter of the Challenge, Ability to Transfer to a Hand-Painted Mural, and Technical Skill in whatever degree the judges believe to be appropriate in reaching a decision.
PRIZES: There will be one (1) 1st Place Prize Package, one (1) 2nd Place Prize Package, one (1) 3rd Place Prize Package and twelve (12) Semi-Finalists Prize Packages awarded consisting of the following:

1st Place Prize Package: Winner's entry will be turned into a mural in a public space in the Greater New York City area. Winner will be invited to visit the mural after it has been created. Airfare and/or ground transportation, as well as two (2) nights accommodation for Winner and a guest will be provided by Sponsor. Winner will also receive $3,000 USD; an iPad 2 with Wi-Fi 64GB; 16,000 deviantART Points; a dAPro Digital Artist Backpack; a deviantART shirt of winner's choice (depending on availability); and a one year Premium Membership to deviantART (Total Approximate Retail Value ("ARV") of 1st Place Prize: $7,440).

2nd Place Prize Package:$1,000 USD; an iPad 2 with Wi-Fi 32GB; 12,000 deviantART Points; a dAPro Digital Artist Backpack; a deviantART shirt of winner's choice (depending on availability); and a one year Premium Membership to deviantART (ARV of 2nd Place Prize Package: $1,890 USD).

3rd Place Prize Package: $500 USD; an iPad 2 with Wi-Fi 16GB; 8,000 deviantART Points; a dAPro Digital Artist Backpack; a deviantART shirt of winner's choice (depending on availability); and a one year Premium Membership to deviantART (ARV of 3rd Place Prize Package: $1,240 USD).

Semi-Finalists Package: 800 deviantART Points. 1st, 2nd and 3rd Place Winners do not receive this package. (ARV: $10 USD).

Total ARV of all prizes: $10,960 USD. Odds of winning depend on number of eligible entries received and nature of Work. All prizes will be awarded (assuming sufficient number of entries). Sponsor reserves right to substitute prizes of equal or greater value. No other substitution or transfer of prizes permitted. Sponsor responsible only for prize delivery; not responsible for prize utility, quality or otherwise. Taxes and fees, if any, are the sole responsibility of prize winners.

1st Place Prize winning entrant acknowledges that the trip package is for the purpose of viewing the completed mural of the 1st Place Prize winning Work and any publicity which Sponsor believes should accompany that occurrence, and accordingly entrant will make his or herself available to Sponsor during his or her stay in New York. Trip package includes round trip coach-class airfare to New York, New York for two (2) from a major airport in the United States near Winner's home (as determined by Sponsor in its sole discretion); two (2) nights accommodations at a hotel determined by Sponsor in its sole discretion (single room, double occupancy). Winner must travel within one month of the announcement of the prize winners or trip package will be forfeited. Trip subject to availability and blackout dates. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by the Sponsor's airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless child of winner, travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her state of residence, travel companion must be winner's parent/legal guardian. Travel companion must execute liability releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner's proximity to prize location, ground transportation will be substituted for round trip air travel at Sponsor's sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Approximate Retail Value ("ARV"): $2,500. Actual value may vary based on airfare fluctuations and distance between departure and destination.
ELIGIBILITY: Contest open to deviantART members who are United States residents (excluding Puerto Rico and U.S. Territories) and at least thirteen (13) years old as of July 12, 2011 except employees and volunteers (and their immediate families and members of the same household) of Sponsor, Dr Pepper, Initiative, their affiliates, agents, judges and advertising and promotion agencies. There is no charge for deviantART membership.
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 Sponsor's 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 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. Sponsor and judges not 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. Sponsor 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. Sponsor 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 reserve the right, in their 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 their sole discretion, to disqualify any entrant from this Contest or any other promotion conducted now or in the future by Sponsor or any of its 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. By participating, Entrants agree to release sponsor, Dr Pepper/Seven Up, Inc., its parent and affiliates, and each of 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, SPONSOR RESERVES 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.
SPONSOR: deviantART, Inc., 7095 Hollywood Blvd., #788, Hollywood, CA 90028
QUESTIONS REGARDING THIS CONTEST? Go to www.deviantart.com.

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