Important: Please read these Official Rules before entering this Contest (the “Contest”).
By participating in this Contest, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE IS NECESSARY TO ENTER THIS CONTEST. Contest void where prohibited. Subject to applicable federal, state, and local laws.
1. Eligibility: The Contest is open only to individuals who are at least 18 years old (or the age of majority in their jurisdiction of residence, whichever is older) upon entry. Directors, officers, members, managers, contractors, and employees of Together Labs, Inc. (“Sponsor”) and any of their immediate family members (spouse, parent, child, sibling, grandparent, and “step” child, wherever they may live) of each are not eligible to win any prize. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE. To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below.
2. Contest Period: The Contest starts at 12:00:01 a.m. Pacific Time (“PT”) on Monday, May 22nd, 2023 and ends at 11:59:59 p.m. PT on Monday, July 3rd, 2023 (the “Contest Period”). Sponsor’s or its designee’s computer is the official time-keeping device for the Contest. All entries must be received during the Contest Period unless otherwise stated in these Official Rules and meet other requirements in these Official Rules to be eligible to win a prize. Proof of entry does not constitute proof of receipt by Sponsor.
3. How to Enter: To enter, during the Contest Period, use the submission form at https://forms.gle/X6Gz1c1hzBdAmt6SA. For more information details and rules surrounding submissions, visit https://blog.imvu.com/2023/05/16/nft-creator-contest/. By submitting an entry as instructed above (“Submission”), you agree that your Submission conforms to the Guidelines and Restrictions below. Sponsor may choose to remove any Submission or disqualify you from the Contest if it believes that your Submission fails to conform with the Guidelines and Restrictions. Upon completion of all required entry steps and compliance with the Guidelines and Restrictions, you will automatically receive one entry into the Contest.
Submission Guidelines and Restrictions:
i. You agree to the IMVU Terms of Services available at https://www.imvu.com/next/policyhub/termsofservice/, the IMVU Creator Agreement available at https://www.imvu.com/next/policyhub/creatorpolicy/, and the Digital Collectible License Terms available at https://www.imvu.com/next/policyhub/nfttos/.
ii. Your Submission must not include or refer to untruthful, incomplete, inaccurate or misleading information.
iii. Your Submission must be your original creation and be owned 100% by you, or, alternatively, you must have the full rights to grant the license and other rights that you grant to Sponsor in Section 9 below.
iv. Your Submission must not (in Sponsor’s discretion): (i) violate any third party rights, including copyrights, trademark rights, or rights of privacy and publicity; (ii) contain disparaging or defamatory statements; (iii) include threats to any person, place, business, or group; (iv) be obscene, offensive, or indecent; (v) depict any risky behavior; (vi) contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; or (vii) contain unauthorized third party trademarks or logos.
v. Your Submission and participation in the Contest, as applicable, complies with the Representations and Warranties in Section 13.
4. Identity of Entrant: All Submissions must be submitted by the individual entrant. Bulk or automated Submissions will be disqualified (including entries made using any script, macro, bot, or promotional service). Multiple participants are not permitted to share the same email or social media account for entry. Any attempt to obtain additional entries through fraud or other illegitimate means will result in disqualification, at Sponsor’s discretion. If there is a dispute about the identity of the entrant, Submissions will be declared made by the authorized account holder of the email address or social media account submitted or associated with the Submission. An “authorized account holder” means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be required to provide Sponsor with proof that a potential winner is the authorized account holder of the account associated with the winning Submission.
5. Selection and Notification of Winner: On or about June 7th, 2023, a panel of judges selected at Sponsor’s discretion will score each Submission based on the following criteria (“Judging Criteria”):
Judging Criteria:
a. Overall originality of Submission (30%);
b. Aesthetic appeal of Submission (30%); and
c. Level of Detail and Technical Quality of Submission (40%).
The top six scoring Submissions will be deemed the potential winners. In the unlikely event of a tie, the winner will be determined by the Submission’s score in the following criteria: Level of Detail and Technical Quality of Submission. Odds of winning a prize depend on the number and quality of eligible entries received.
Sponsor will notify each potential winner via email on or about July 7th, 2023. To claim a prize, the potential winner must follow the instructions contained in the notification. To the fullest extent permitted by applicable law, Sponsor may require each potential winner to sign and return, within seven days of being notified by Sponsor, an affidavit of eligibility, liability and publicity release, and other legal, regulatory or tax-related documents required at Sponsor’s discretion (“Affidavit and Related Documents”) in order to claim a prize. If (i) the attempted notification is returned as undeliverable without a forwarding address; (ii) the Affidavit and Related Documents are not signed and returned within seven days of the date the notification email is sent by Sponsor; or (iii) if potential winner is otherwise unable to accept the prize as stated, the prize will be forfeited and will be awarded to an alternate winner in accordance with the Judging Criteria. Only three alternate winners will be selected for each prize, after which the remaining prizes will not be awarded. If, by reason of a print or other error, more prizes are claimed than the number stated in these Official Rules, the prize(s) will be awarded to the person with the highest scoring Submission in accordance with the above selection process from among all valid claimants to award the prize(s) available.
Limit on Winning: Although entrants may enter multiple Submissions, each entrant may only be selected for one Winning Item (as defined below).
Verification of Potential Winner: EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.
6. Prize: One grand prize winner will win 50,000 VCOIN, and between five and ten runners up will receive 5,000 VCOIN each. Each winner will gain the ability to mint their Submission as an NFT and the ability to list their Submission for sale on the IMVU platform. There is no guarantee that the Winning Item will sell on the IMVU Platform. However, if the Winning Item is sold on the IMVU Platform, the applicable winner will receive the standard net revenues (net of any applicable transaction fees, determined in Sponsor’s discretion) paid in VCOIN.
Prize Restrictions: Prizes are not transferable. No substitutions or exchanges of any prize (including for cash) will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for any prize. Only the number of prizes stated in these Official Rules are available to be won in the Contest. LIMIT ONE PRIZE PER PERSON. Sponsor will not replace any lost or stolen prizes or prize components. Except for applicable manufacturer’s standard warranties, the prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including any implied warranty of merchantability or fitness for a particular purpose). Any unclaimed or unused prize (or portion of the prize package) will remain the property of Sponsor.
ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.
7. Disclaimer: Sponsor; IMVU, LLC; and any of affiliates, professional advisors, consultants, contractors, legal counsel, public relations firms, advertising, fulfillment and marketing agencies, and any of their respective directors, officers, members, managers, and employees (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) phone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the reasonable control of Sponsor or the Released Parties; or (d) any printing or typographical errors in any materials associated with the Contest.
8. General Release and Limitation of Liability; Indemnification: By entering the Contest, you agree to release Sponsor and all Released Parties from any liability whatsoever and waive any and all causes of action, whether under a theory of contract, tort (including negligence), warranty or other theory, arising out of or in connection with the Contest or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including claims for costs, losses, personal injuries, death, or damages of any kind, such as damage to or destruction of property or damages related to rights of publicity or privacy, moral rights, defamation or portrayal in a false light, whether intentional or unintentional). You hereby agree to indemnify and hold harmless Sponsor and the Released Parties from and against any and all third-party claims, demands expenses, losses and liabilities including reasonable attorneys’ fees and punitive damages, arising out of or in connection with your participation in the Contest and the Submission, and any use by the Released Parties thereof, including those arising from any breach, or alleged breach, of the warranties, representations, and promises provided by you in this Agreement.
9. Use of Name, Likeness, etc.: To the fullest extent permitted by applicable law, entry into the Contest constitutes permission to use your name and prize information for advertising, marketing, and promotional purposes without further permission or compensation (including in a public-facing winner list). As a condition of being awarded any prize, except where prohibited by law, winner may be required to execute a written consent, confirming Sponsor’s right to use winner’s name and prize information for advertising, marketing, and promotional purposes without further permission or compensation. By entering this Contest, you consent to being contacted by Sponsor for any purpose in connection with this Contest.
10. License to Submission: By entering the Contest and providing your Submission in connection with the Contest, you hereby grant to Sponsor a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, non-transferable, sublicensable (through multiple tiers) license to publish, reproduce, display (publicly or otherwise), perform (publicly or otherwise), distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and exploit your Submission, or any portion thereof (including your name and likeness as shown and conveyed in the Submission), in connection with the Contest and for minting Winning Items, for any advertising, marketing, and promotional purposes, and to incorporate Submissions, in whole or in part, into other works in any manner, form, media or technology now known or later developed. Sponsor will have no obligation to publish or use or retain any Submission you submit or to return any such Submission to you. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this Section 10. You agree to take, at Sponsor’s expense, any further action (including execution of affidavits, tax forms, and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor’s rights as stated above in this Section 10. Apart from a potential revenue share for Winning Items as described in Section 6, you will not be entitled to compensation for any use by Sponsor, or its agents, licensees or assignees, of your Submission.
11. Representations and Warranties: You represent and warrant:
a. To the extent the Submission depicts any individual or features the voice or other qualities of any individual, you are the individual pictured, heard, or otherwise featured in the Submission, or, alternatively, that you have obtained all necessary written permission from each person appearing in the entry to grant the rights to Sponsor described in these Official Rules, and will make written copies of such permissions available to Sponsor upon request;
b. You are the lawful owner of all right, title and interest in and to the Submission and have the unrestricted right to grant the rights and licenses granted under these Official Rules in the Submission free and clear of any encumbrances, liens, registrations or claims of any nature;
c. The Submission created by you will not infringe, misappropriate or violate any intellectual property or other right of any third party, and you have no knowledge of any basis for a claim of such infringement, misappropriation or violation;
d. No other person or entity is infringing, and no intellectual property owned or used by another person or entity infringes or conflicts with, any of the rights assigned or licenses granted by you in these Official Rules;
e. The Submission, in the form delivered to Sponsor, is free from material defects and errors;
f. Your participation in the Contest does not violate the terms of your employment (including any procedures established by your employer with respect to participating in promotions) or any other contractual or legal obligations, and if required by your employer, you have permission from your employer to enter into the Contest and be bound by the terms of these Official Rules;
g. The Submission does not violate any applicable law, rule, or regulation;
h. The Submission complies with the IMVU, LLC Terms of Service (available at https://www.imvu.com/next/policyhub/termsofservice/).
i. The Submission complies with all requirements of these Official Rules.
12. Privacy: See Sponsor’s Privacy Policy at https://www.imvu.com/next/policyhub/privacypolicy/.
13. Winner List; Rules Request: A copy of the winner list will be made available after winners have been selected. Once created, it will be provided at the following link: https://blog.imvu.com/. To obtain a copy of these Official Rules, send a stamped, self-addressed business-size envelope to the address listed below, Attn: IMVU NFT Creator Contest. VT residents may omit return postage.
14. Intellectual Property Notice: TOGETHER LABS is a trademark of Together Labs, Inc. The Contest and all accompanying materials are copyright ©2022 by Together Labs, Inc. All rights reserved.
15. Disputes: YOU AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE APPROPRIATE STATE OR FEDERAL COURT SITTING IN THE COUNTY OF SAN MATEO, CALIFORNIA. THESE OFFICIAL RULES ARE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAWS RULES. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.
16. General Conditions: By participating in the Contest, you agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its discretion, and to modify, suspend or cancel the Contest or any entrant’s participation in the Contest should viruses, bugs, unauthorized human intervention, pandemics, public disruptions, or other causes beyond Sponsor’s reasonable control affect the administration, security, or proper play of the Contest, or Sponsor otherwise becomes (in its discretion) incapable of running the Contest as planned. Entrants who violate these Official Rules, violate any law, rule, or regulation in connection with participation in the Contest, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Sponsor, the Contest or any other entrant (as determined in Sponsor’s discretion) are subject to disqualification from the Contest. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. The use of the terms “include” or “including” in these Official Rules is illustrative and not limiting.
17. Sponsor: Together Labs, Inc., 901 Marshall St., Suite 100, Redwood City, California 94063.