NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
3. Eligibility Requirements. We’re excited that you’re interested in a Campaign, and we invite you to follow the appropriate links to upload a Submission. Before you do, please review the following criteria to make sure you are eligible.
3.1 Each Campaign is open only to authorized users of our Platform.
3.2 You must be 13 years of age or older as of the date of your Submission. Proof of age may be required.
3.3 Employees, officers, directors, agents, and representatives of Create.It or the Sponsor of the applicable Campaign, their immediate family members (parents, children, siblings, spouse and each of their respective spouses, regardless of where they live), and members of any of their households are not eligible to enter the Campaign.
3.4 Submission must be original and not previously published or distributed in any form.
3.5 By participating in a Campaign, you: (a) agree that you have read, understand, and agree to be bound by the Campaign Documents, which are hereby incorporated by reference; (b) release and hold harmless each of Create.It, the applicable Sponsor, Facebook, and each of their respective affiliates, agents, employees, officers, directors, successors and assigns, against any and all claims, injury, or damage arising out of or relating to your participation in the Campaign and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related cause of action; and (c) acknowledge and agree that the Campaign is in no way sponsored, endorsed, or administered by, or associated in any way with, Facebook.
4. How to Participate. Visit and sign in to the Platform, which is free. Upload your Submission as instructed on the Platform at any time during the Submission Period. Submissions must be received by Create.It through the Platform on or before 11:59 PM PT on the last day of the Submission Period. Our computer clock governs the time stamp of all Submissions. Each Submission will be deemed to have been submitted by the authorized account holder of the e-mail address submitted at the time of entry.
5. Representations, Warranties, and Covenants. You hereby represent, warrant, and covenant that: (i) your Submission shall be your original work and that you have all rights to the contents of the Submission and all components thereof and/or that you have obtained all rights, consents, and permissions, including, but not limited to, those of persons participating/appearing in the Submission, necessary to grant the rights granted herein; (ii) if any person appearing in the Submission is under the age of majority in his or her jurisdiction of residence, you must secure the signature of a parent or legal guardian on each release; (iii) the Submission does not and will not violate any law, statute, ordinance, or regulation; (iv) the Submission is free and clear of any liens or claims with respect to the use of the Submission in the manner authorized herein and will not give rise to any claims of infringement, invasion of privacy or publicity or claims, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever, including but not limited to claims for re-use fees or residuals; and (v) the Submission is not and will not be defamatory, trade libelous, pornographic, or obscene.
6. Restrictions. You agree that your Submission shall not contain, include, or involve any of the following:
- - Obscenity
- - Crude, vulgar, or offensive pictures, depictions, images, language, and/or symbols
- - Gang signs or symbols
- - Violence
- - Sexual activity
- - Nudity
- - Alcohol
- - Illegal drugs
- - Unauthorized trademarks and copyrighted material, including, without limitation, any third-party company, product, brand, or service names; or any third-party trademarks, logos, or trade dress
- - License plates, phone numbers, personal addresses – physical or email or otherwise
- - Derogatory characterizations of any ethnic, racial, sexual, or religious groups, humiliate other people (publicly or otherwise)
- - Illegal (e.g., discriminatory, harassing, threatening) or inappropriate activity, behavior, or conduct (e.g., inflicting emotional distress)
- - Any other content, display, materials, and/or images that is or could be considered inappropriate, unsuitable, or offensive, as determined by Create.It and/or the applicable Sponsor in their sole discretion
We, and the applicable Sponsor, reserve the right to reject any Submission deemed, in our or Sponsor’s sole discretion, to violate any of these restrictions or the terms and conditions set forth in any of the Campaign Documents.
7. Selection of Winners. After the conclusion of the Submission Period, all eligible Submissions will be displayed on the Platform during the Voting Period for public voting by the Create.It community. Winners will be selected using the method described in the Campaign Rules. Such methods may include the Submission receiving the highest amount of votes or the highest rating from the Create.It community, selection by Sponsor-designated judges, some combination of the two, or some other method. The selection/voting criteria will also be described in Campaign Rules, and may include, among other things, substance, creativity, and originality. Odds of winning depend on the nature, quality, and number of eligible Submission received. Decisions of any Sponsor-designated judges are final and cannot be appealed.
8. Awards. The awards for the winning Submission or Submission are described in the applicable Campaign Rules. No refund, substitution, replacement, transfer, cash redemption, or cash equivalent of any award is permitted. Sponsors reserve the right, in their sole discretion, to substitute an award of equal or greater value (or cash equivalent). Winners are solely responsible for paying all applicable federal, state, and local taxes. Any portion of awards not accepted and/or unclaimed will be forfeited and will not be substituted.
9. Notification of Winners. The selected potential winners will be notified by mail, phone, and/or e-mail, at the applicable Sponsor’s discretion, using the contact information provided by each potential winner. If a selected potential winner fails to comply with the Campaign Documents, cannot be located or reached, has provided incorrect contact information, is determined to be ineligible, declines or fails to claim the award for any reason, or if the award is returned as undeliverable, such person will forfeit his or her opportunity to receive the award and an alternate winner will be selected.
10. Grant of Rights.
10.1 By participating in a Campaign, you hereby irrevocably grant Create.It, the applicable Sponsor, and any and all of our and Sponsor’s subsidiaries, affiliates, successors, assignees, and licensees the perpetual, non-exclusive, royalty-free, sublicensable right and license, but not the obligation, to exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, dub, superimpose, rebroadcast, transmit, record, publicly perform, publicly display, stream, distribute, and synchronize in timed relation to other visual elements, the Submission and/or any portions or excerpts thereof and your first name and city, in any manner, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the universe to advertise, promote, and publicize, the Submission, the Campaign, Sponsor, the Platform, and/or Create.It without any payment to you or any third party.
10.2 By accepting any award and without any further payment to you or any third party, you hereby irrevocably:
(a) sell, assign, and transfer to the applicable Sponsor any and all of your present and future right, title, and interest in and to the Submission and all the elements therein at all stages of completion in any and all media now known or hereafter devised, throughout the universe in perpetuity, including, but not limited to, worldwide copyright rights thereto and all renewals, extensions, and reversions thereof (collectively, the “Purchased Rights”). Without limiting the generality of the foregoing sentence, the Purchased Rights include, without limitation, all copyrights, neighboring rights, trademarks, and any and all other ownership and exploitation rights in the Purchased Rights now or hereafter recognized in any and all territories and jurisdictions, including, without limitation, all allied, ancillary, and subsidiary rights; production, reproduction, distribution, adaptation, performance, display, fixation, rental, and lending rights; alteration rights; moral rights; exhibition, broadcast, and all other rights of communication to the public; and the right to exploit the Purchased Rights throughout the universe in perpetuity in all media, markets, and languages and in any manner now known or hereafter devised.
(b) grant Create.It, the applicable Sponsor, and any and all of our and Sponsor’s subsidiaries, affiliates, successors, assignees, and licensees the perpetual, non-exclusive, royalty-free, sublicensable right and license, but not the obligation, to use your name, city, image, likeness, picture, voice, and biographical data in any and all media, now known or hereafter devised, throughout the universe to advertise, promote, and publicize, the Submission, the Campaign, Sponsor, the Platform, and/or Create.It.
10.3 If you win an award, upon the applicable Sponsor’s request, you shall: (i) execute an affidavit of eligibility; and (ii) assist Sponsor in every proper way that may be reasonably required to secure for Sponsor the exclusive ownership of all copyrights and other intellectual property rights in and to the Purchased Rights, including executing all applications, assignments, and all other instruments which Sponsor deems reasonably necessary in order to obtain and secure the copyrights and other intellectual property rights in and to the Purchased Rights. You shall not be entitled to any payment from Sponsor or anyone else for any such assignment, other than the award. In the event that you fail or refuse to do any of the acts required under Section 10.3(ii) within three (3) business days after Sponsor’s request, you hereby irrevocably appoint Sponsor as your attorney-in-fact coupled with an interest to execute any such document on your behalf.
10.4 To the fullest extent allowable under any applicable law, you hereby irrevocably waive or assign to the applicable Sponsor your so-called “moral rights” or “droit moral.”
10.5 You hereby agree that if you win an award, the award shall constitute a total buy out of all Purchased Rights in all media and territories so that: (i) no additional compensation, including, without limitation, any repeat, re-use, re-issue, or residual fees shall be payable by either Create.It, the applicable Sponsor, or any of our or Sponsor’s assigns or licensees by reason of any form of exploitation of the Purchased Rights granted hereunder, (ii) no consents will be required from you or any third parties in connection with the exercise of such Purchased Rights, and (iii) the award constitutes a pre-payment and equitable and adequate consideration for the assignment of lending and rental rights as set forth in Section 10.2(a).
11. Indemnification. You hereby agree to indemnify, defend, and hold harmless Create.It, the applicable Sponsor, Facebook, and each of our, Sponsor’s, and Facebook’s respective affiliated companies, parents, sponsors, subsidiaries, officers, directors, employees, agents, members, licensees, and assigns (collectively, the “Indemnified Parties”) from and against any and all liabilities, claims, suits, losses, damages, expenses and costs (including, but not limited to reasonable attorneys’ fees) resulting or arising from your Submissions and your participation in any Campaign, and from any breach or violation of any representation, warranty, obligation, or covenant made by you herein, and you agree to release all rights to bring any claim, action, or proceeding against the Indemnified Parties, and hereby acknowledge that the Indemnified Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Platform or the Campaign.
12. General Provisions.
12.1 Potential winners may be required to provide Create.It and/or the applicable Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the potentially winning Submission. Verification of award claims is conducted by the applicable Sponsor. Neither Create.It nor Sponsor is responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or Submission to be received or sent, on account of technical problems or traffic congestion on the Internet or at any website or by human error which may occur in the ability to enter a Submission, or any combination thereof, or otherwise, including any injury or damage to your or any other person’s computer related to or resulting from participation or downloading any materials in the Campaign. Persons found tampering with or abusing any aspect of this Campaign, as solely determined by Create.It, will be disqualified. If disqualified for any of the above abuses, Create.It reserves the right to terminate such person’s eligibility to participate in the Campaign. ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE THE PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF THE CAMPAIGN MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, CREATE.IT RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
12.2 In the event the Campaign is compromised by viruses, bugs, non-authorized human intervention, fraud, technical failure, or other causes beyond the control of Create.It and/or the applicable Sponsor, which, in the sole opinion of Create.It or Sponsor, corrupts, or impairs the administration, security, fairness, integrity, or proper play of the Campaign, Create.It and Sponsor reserves the right in their sole discretion to cancel, modify, suspend, or terminate the Campaign.
12.3 Except where prohibited by law, by participating in a Campaign, you hereby agree that: (i) the Campaign, the Campaign Documents, and any and all issues, questions, and disputes directly or indirectly arising out of or relating thereto shall be governed by California law without giving effect to any principles of conflicts of law of any jurisdiction; (ii) any action at law or in equity arising out of or relating to a Campaign shall be filed only in the state or federal courts located in California, and you hereby irrevocably consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action; (iii) any and all disputes, claims, and causes of action arising out of or connected with this Campaign shall be resolved individually, without resort to any form of class action; (iv) under no circumstances will you be permitted to obtain awards for and hereby waive all rights to claim punitive, incidental, and consequential damages and any other similar damages, and your direct damages, if any, shall be capped at the estimated retail value of the least expensive award in the applicable Campaign.
12.4 Your sole right as to any breach hereunder by Create.It and/or the applicable Sponsor shall be the recovery of money damages, if any, and the rights herein granted by you shall not terminate by reason of such breach. In no event may you obtain – and you hereby waive any right to seek or obtain – injunctive or other equitable relief against Create.It, Sponsor, and/or any third party in connection with the Purchased Rights or the subject matter of these Official Rules. For the avoidance of doubt, you shall not have any right to terminate or rescind any of the Purchased Rights or to enjoin, impede, or restrain the development, production, advertising, promotion, distribution, exhibition, or exploitation of any Purchased Rights, including, without limitation, the Submission.
13. Sponsor. The Sponsor for each Campaign is set forth in the applicable Campaign Rules.
14. Winner List. To obtain a copy of a winner list for a specific Campaign, please follow the instructions set forth in the Campaign Rules.