Lost Ark: Mokoko Emote Design Contest
CONTEST DESCRIPTION: The “Lost Ark: Mokoko Emote Design” contest (the “Contest”) begins on or about May 22, 2023 at 12:01 a.m. Eastern Time (“ET”) and ends on June 12, 2023 at 11:59 p.m. ET (the “Contest Period”). During the Contest Period, eligible entrants are invited to submit original designs of Mokoko-themed emote for the Lost Ark video game (the “Game”) that complies with the “Submission Guidelines” (defined below). At the end of the Contest Period, a judge or panel of judges will select up to ten (10) finalists, who will be voted on to select five (5) winner/s of a prize from all “Submissions” (as defined below) received during the Contest Period, as more fully set forth below. Entry in the Contest does not constitute entry into any other promotion, contest, or sweepstakes. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Amazon.com Services LLC, 8329 W. Sunset Road, Suite 200, Las Vegas, NV 89113 (“Sponsor”), which shall be final and binding in all respects.
ELIGIBILITY: Only legal residents of all countries where the Game is available who are at least eighteen (18) years of age at the time of entry are eligible to enter. For a full list of countries where the Game is available, please see: http://www.playlostark.com/en-us/game/faq. The Contest is not open to anyone subject to sanctions imposed by the Department of Treasury, Office of Foreign Assets Control (OFAC), including any individual on the OFAC SDN List or any individuals residing in Cuba, Iran, North Korea, Sudan, Syria, or the Crimea Region of Ukraine or any other country that may be added to OFAC’s embargo list during the Contest Period. Officers, directors and employees of Sponsor, Smilegate RPG, Inc., and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies involved in the Contest (all such individuals and entities collectively referred to herein as the “Contest Entities”), and the immediate family members and/or those residing in the same household of each are ineligible to enter the Contest or win a prize. This Contest is void where prohibited
HOW TO ENTER: During the Contest Period, eligible entrants are invited to design an original Mokoko-themed emote for the Game (each, an “Emote Design”) that complies with the “Submission Requirements” (defined below) using the key art, graphics, and other materials provided by Sponsor (the “Sponsor Materials”). The use of the Sponsor Materials is subject to the terms that appear on the “Website” (as defined below) and the terms of these Official Rules. To enter the Contest, visit the website at https://discord.gg/playlostark (the “Website”) during the Contest Period, and complete the submission form found on the Website with all required information and attach your Emote Design (the submission form and the Emote Design are collectively referred to herein as the, “Submission”), and follow the instructions to upload your Submission to the Website. All requested information on the submission form must be completed to enter and to be eligible to win.
The Submission must meet the following “Submission Requirements”: (i) except for the Sponsor Materials, the Submission must be the submitting entrant’s original, previously unpublished work and not feature or focus on any material owned or controlled by third parties (including without limitation, third party copyrighted material); (ii) if the Submission must consists of any materials that are not Sponsor Materials, the entrant must provide upon request all appropriate clearances, permissions and releases for the Submission (in the event a contestant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor’s benefit, or allow the applicable Submission to remain in Contest); (iii) the Submission must not include images that are obscene, pornographic, libelous or otherwise objectionable; (iv) the Submission must not include any corporate logos; and (v) the Emote Design must be submitted in one of the following file types: PNG or JPEG and the file size must not exceed 25 MB.
Entry must be made by the entrant, only through the entry method described above. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. Tampering with the entry process or the operation of the Contest, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Contest Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or used in the Contest or by any technical or human error which may occur in processing of the entries in the Contest. The Contest Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
WINNER SELECTION AND NOTIFICATION: Assuming a sufficient number of eligible Submissions are received, at the end of the Contest Period, a judge or group of judges selected by the Sponsor (in either case, the “Judging Panel”) will review the Submissions that have been received and select up to ten (10)potential finalists (each, a “Finalist”) based on the following criteria: (i) creativity of the Emote Design (50%); (ii) originality of the Emote Design (30%); and (iii) appropriateness to the public image of the Contest Entities (20%) (the “Judging Criteria”). In the event of a tie, the potential Finalist with the highest score in the “creativity” category will be declared the potential Finalist.
Decisions of the Judging Panel are final and not subject to appeal. Sponsor will upload each Finalist’s Submission to the Website and its affiliated social media website). The “Voting Period” will begin on June 16, 2023 and end on June 23, 2023. During the Voting Period, people who visit the Website will have the opportunity vote on the Submission they believe has the most public appeal. Any entrant offering or using, or attempting to use a “cheat,” payment, or other incentive, or any other means to obtain votes may be disqualified and any votes earned by those means will be deemed void if Sponsor so elects in its sole discretion. In the event of a tie, the tie will be broken in favor of the Finalist whose Submission received the highest score for Originality in the initial scoring by the Judging Panel. At the end of the Voting Period, the five (5) Finalists with the highest number of votes will be potential winners.
Limit one (1) vote per person and per IP address per Finalist during the Voting Period. Any suspected or deliberate attempt to manipulate or otherwise fraudulently tamper with the voting process may result in disqualification of any individual or entrant, at the Sponsor’s sole discretion.
Votes generated by script, macro, bot, commercial contest subscription, vote-swapping sites, voting software, entering service sites or any other automated means and votes by any means that subvert the voting process or do not conform to the spirit of these Official Rules will void the applicable votes and may disqualify the applicable Finalist. Finalists are prohibited from soliciting votes by any fraudulent or inappropriate means, including, without limitation, offering prizes, payments or other inducements to members of the public (including, without limitation, offering to trade votes), as determined by Sponsor in its sole discretion, and all associated votes may be void and such Finalists may be disqualified. Votes for each Submission may be tracked by the Website. Any rankings or vote counts posted on the Website are unofficial and should not be relied upon for any purpose. If attempts are made to vote in excess of the limitations set forth in these Official Rules and/or by means other than as specifically set forth in these Official Rules, Sponsor may, in its sole discretion, disqualify any related Finalist or votes. In the event that Sponsor determines that the user voting mechanism has been tampered with or otherwise manipulated, Sponsor reserves the right to cancel the voting portion of the Contest or to cancel the Contest.
The potential winners may be subject to verification and compliance with these Official Rules. The potential winners will be announced by Sponsor and may be notified via email to the email address provided by entrant. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within the time period specified in the winner notification, or if the prize or winner notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected.
PRIZES: Up to five (5) Prizes are available. Each Prize consists of the opportunity to have the Sponsor feature a version of the Emote Design in the Lost Ark game, subject to the terms and conditions of these Official Rules. The approximate retail value (“ARV”) is $0.00.
No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason.
RIGHTS IN SUBMISSIONS: This section applies to residents of all countries except for residents of France, Italy, and Spain, who are addressed below. By entering the Contest, each entrant acknowledges and agrees that: (a) Sponsor is granting entrants a limited, non-exclusive license to use the Sponsor Materials solely in connection with, and solely as a part of, the Contest, (b) entrants shall have no right, title or interest in the Sponsor Materials, and (c) any use of the Sponsor Materials other than as permitted by these Official Rules may infringe upon Sponsor’s, or its licensors’, intellectual property rights. The results and proceeds of each entrant’s editing activities and other interaction with the Sponsor Materials, including, without limitation, the Emote Design and the Submission, shall be a “work made for hire” for Sponsor, and Sponsor will be considered the author and sole and exclusive owner of such activities and all intellectual property rights therein.
If and to the extent that the activities and the Submissions do not, in whole or in part, qualify as “works made for hire”, each entrant, upon submission of the entrant’s Submission, irrevocably grants, transfers, sells and assigns to Sponsor all right, title and interest in and to the Submission, including the right to use and otherwise exploit all entry materials submitted as part of the Contest, and all images, text and content depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised, throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrants except for the awarding of the prizes in this Contest. Each entrant hereby irrevocably grants Sponsor, its designees, successors and assigns the sole and exclusive right to use the Submission and any and all information supplied by or about entrant, including biographical information and/or other materials entrant may provide, as well as other information Sponsor may have received about entrant from other sources, in and through any and all media, means, devices, processes and technology now known or hereafter devised, throughout the universe in perpetuity (or for the full duration of the right if a perpetual grant is not permitted under applicable law) for any purpose, including without limitation in and in connection with advertising, publicizing, marketing and promoting the Contest, the Game, the products and services that Sponsor owns or distributes, and the general goodwill of Sponsor.
Sponsor will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the materials submitted as part of the Contest, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose related to the Contest Entities or the Game (including all prequels, sequels, remakes, and derivatives thereof). In addition to the foregoing grant of rights and the rights granted elsewhere in these Official Rules, entrants hereby irrevocably give and grant to Sponsor the right to use entrant’s voice and other sound effects produced by entrant (if any), as well as in and to the right to use entrant’s name, likeness and photographs, either still or moving, for all commercial and non-commercial purposes (including, but not limited to, merchandising, advertising and promotion purposes) in connection therewith. Without limiting the foregoing, entrants irrevocably waive all so called “moral rights (droit moral)”. The Sponsor may freely assign or transfer its rights, in whole or in part. Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements.
For Residents of France, Italy, and Spain: Each entrant hereby irrevocably grants, transfers, and assigns to Sponsor, its designees, and successors and assigns free of charge, for the entire world and for the term of their legal protection, as and when created, all right, title and interest he may have in and to the Submission, including all intellectual property rights and author’s economic rights (“droits patrimoniaux d’auteur”) thereto. The assigned economic rights in the Submission include in particular:
the right to reproduce or have reproduced by a third party, and permanently or temporarily affix the Submission, whether for free or for a charge, in all or part, in any languages, by any means or process known or as yet unknown as of the date hereof, in any form and on any medium known or as yet unknown as of the date hereof. The assigned right to reproduce includes the right to upload, download, display, transmit and store all Submissions;
the right to represent or have represented and communicate the Submission and its adaptations to the public, in any languages, whether occasionally, permanently or on demand, by any means or process known or as yet unknown as of the date hereof, in the context of public communication for advertising, entertainment and informational use, by broadcasting, posting or display;
the right to publish, have published, distribute or market with respect to originals or copies of the Submission with respect to all audiences, whether for free or for charge, via any medium known or as yet unknown as of the date hereof, and by all technical and commercial processes. These rights include the right to sell, loan, license, rent, distribute, download the Submission in any language and by any means whether known at present or to be discovered in the future;
the right to adapt, arrange, modify, correct, upgrade by adding or removing, integrate in any form and presentation all or part of the Submission, in any form and format (whether known at present or to be discovered in the future), in particular with a view to (i) integrating new elements into the Submission or (ii) integrating the Submission into a composite work, as well as the right to reproduce works resulting from these adaptations, arrangements, modifications and integrations; and
the right to translate, if applicable, the Submission, in whole or in part, into any language or computer language, the right to represent, distribute and adapt these translations, as described in the preceding paragraphs.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each entrant (and any minor entrant’s parent or legal guardian) represents and warrants as follows: (i) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (ii) the Submission meets the Submission Requirements, and does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant (and any minor entrant’s parent or legal guardian) agrees to indemnify the Contest Entities and hold them harmless from and against any and all third party claims, liability, judgments, losses, damages, costs, and expenses, including penalties, interest and reasonable outside attorney’s fees and costs in the defense and disposition of such matters arising out of, resulting from, based upon or incurred because of a breach or allegation that, if true, would constitute a breach by entrant of entrant’s representations, warranties, covenants or obligations hereunder, including, without limitation, any action or statement made by entrant while participating in the Contest.
PUBLICITY RELEASE: Without in any way limiting the rights granted in the Submission, as set forth above, acceptance of a prize constitutes winner’s permission for the Contest Entities to use each winner’s Submission (if applicable) and entrant’s name, social media handle, photograph, likeness, voice, biographical information, statements and address (city and state) in and in connection with advertising, marketing, promotional, and/or publicity purposes for the Contest, Contest Entities, and all uses of the Submission permitted herein, worldwide and in all forms of media and by any and all means and media now known or hereafter developed, in perpetuity, without any obligation, notice, or further compensation to the winners and each winner hereby releases the Contest Entities from any liability with respect thereto (for residents of France, Italy, and Spain, the foregoing grant is limited to a period of five (5) years from the end of the ).
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Contest Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Contest does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Contest Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to the Contest Entities or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Contest Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Contest Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Contest Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
NO OBLIGATION TO USE: The Contest Entities shall have no obligation (express or implied) to use any Submission or Emote Design, or to otherwise exploit any Submission or Emote Design or, if commenced, to continue the distribution or exploitation thereof, and the Contest Entities may at any time abandon the use of the Submission or Emote Design for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Each entrant (and any minor entrant’s parent or legal guardian) agrees that the Contest Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the Website or otherwise participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due Submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. If a dispute as to the identity of the individual who actually submitted an Submission cannot be resolved to Sponsor’s satisfaction, the affected Submission may be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event an insufficient number of eligible Submissions are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor reserves the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor may (if possible) select the winner from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF WASHINGTON WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
ARBITRATION PROVISION: By participating in this Contest, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Contest Entities relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Seattle, Washington; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Contest; (v) the arbitrator shall apply Washington law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.