Design Arcade Official Contest Rules

1. Eligibility.

NO PURCHASE NECESSARY. Only those having a registered account with Jinx.com and having access to the World Wide Web as of the date of submission, are eligible to enter the J!NX Design Arcade (the "Contest"). Contestants ages 13-18 may be required to have their parent or guardian's permission to enter as described below. By entering the Contest, entrants are representing that they are eligible to participate in the Contest, under the laws of California and their jurisdiction. Employees, agents or officers of Jinx, Inc. or of any entity involved in the development, production, implementation and distribution of the Contest, including any advertising or promotion agency, supplier of prizes for the Contest, parent company, service provider, subsidiary or affiliate of any such entity or any other entity directly associated with the Contest (hereinafter the "Contest Entities") or any member of the immediate family of and/or person living in the same household as such persons, are ineligible to enter the Contest.

2. Entries.

  1. To enter the Contest you must complete an Entry Form on the Jinx.com website, and submit it electronically to J!NX. Submission of an Entry Form and Image constitutes acceptance of and agreement to these Official Rules. No mail, fax, or other submissions will be accepted. Entries are void if they contain typographical or other errors. Entries that are mutilated, incomplete, illegible, inaccurate, forged, irregular in any way, or otherwise not in compliance with these Official Rules are also void.
  2. Each Entry Form must be accompanied by One (1) electronic image file that is exactly 900 pixels wide, and exactly 533 pixels tall JPG/JPEG, GIF, or PNG format and One (1) GIF thumbnail that is exactly 150 x 150 pixels. Such validly and properly submitted Photo accompanied by a completed Entry Form is hereinafter referred to as an “Entry.”
  3. Each Image submission must be wholly original and created entirely by you, and must not incorporate or include anything that is owned by any third party or would require the consent of any third party. Your submission must not violate any law or the copyright, trademark, publicity right, privacy right or any other right of any third party.
  4. An Image submission shall be void if it includes any endorsements or identifiable trademarks or copyrights, if it infringes on the intellectual property or privacy rights of any third party, other than those with which J!NX currently holds a licensing agreement. An Image submission shall be void if it includes any material that is inappropriate for display on J!NX’s website, including but not limited to profanity, violence or nudity, patently offensive content (in J!NX’s sole determination), or which, in the judgment of J!NX or its attorneys, might subject J!NX or J!NX’s Licensors or J!NX’s Licensees to unfavorable regulatory action, violate any law, infringe on the rights of any Person, or subject J!NX or J!NX's Licensees or J!NX’s Licensors to liability for any reason.
  5. Should discovery be made at any point that an Entry infringes on the intellectual property or privacy rights of any third party, other than those with which J!NX currently holds a licensing agreement, Member’s submission is voided and member agrees to return any prizes awarded, or agrees to remit equal value to J!NX.
  6. J!NX reserves the right to end this contest at any time.
  7. Members may enter as often as they like. J!NX reserves the right, in its sole discretion, to disqualify any entries that it determines, in its sole discretion, to have been generated or entered by non-human means, such as by a software script, robot, or other means.
  8. By entering, entrants agree to be bound by the decisions of the approval staff and these Official Rules and to comply with all federal, state, and local laws and regulations. J!NX and those working for J!NX or on the behalf of J!NX, will not be responsible for lost, late, misdirected or damaged submissions or e-mail, or for Internet, computer hardware and software, phone, and other technical errors, malfunctions, and delays.
  9. NO PURCHASE NECESSARY.

3. Our Right to Use Your Work and Information About You.

  1. Entries, Images, and other submitted material become the property of J!NX for 30 days from the time of submission. By submitting an Entry: (a) you represent and warrant that your Entry is wholly original and does not incorporate or include anything that is owned by any third party or would require the consent of any third party and your Entry does not violate any copyright, trademark, publicity right, privacy right or any other right of any third party; (b) if selected for production, you agree that your Entry shall be a “work made for hire,” with all rights therein, including, without limitation, the exclusive copyright for apparel, being the property of J!NX. If J!NX, in its sole discretion, chooses not to utilize the entry, image, or other submitted material for a product within 30 days of its submission, at such time ownership of the entry, image, or submitted material, including any copyright, shall revert back to you, with J!NX reserving the right to use such materials on its website and in marketing materials.
  2. By submitting an Entry, you grant to J!NX and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, submission/Entry and written or oral statements, for advertising and promotional purposes in promoting or publicizing J!NX and its products or services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), or entry. The rights granted under this paragraph shall extend to J!NX and its affiliated companies with respect to all entrants in the Contest, including those entrants who are selected as Winners and those entrants who are not selected as Winners. J!NX is under no obligation to use the winning Entries for any purpose.
  3. The information that you provide in connection with the Contest may be used for J!NX’s internal purposes, to monitor and ensure the fairness and validity of the Contest, and to send you any prize won, but will not be provided to third parties without your consent, except as necessary for the administration of the Contest or as required by law or legal process.

4. Selection of Winner(s)/Prize(s).

  1. Winners will be determined in a two-part process:

    1. In the first part of the selection process, all valid Entries will be judged by J!NX on the basis and percentages of the following criteria: creativity (50%), reflection of the J!NX lifestyle (50%). A “Qualified Entry” is an Entry that receives a minimum score of at least 70 out of a possible 100. The decision of the judge shall be final and binding in all regards.
    2. Qualified Entries will be posted in the “Design Arcade” section of Jinx.com upon approval. Qualified Entries will be called “Finalists.” Selection as a Finalist will be rewarded with 250 J!NX EXP (http://www.jinx.com/gold_and_exp.aspx). In the second part of the selection process, registered members at Jinx.com may vote on the Finalists. Voters may assign each Finalist a whole number score of 1 to 5 points. Each registered member may vote for each Finalist only once, though registered members may change their votes at any time until the end of the Voting Period. Average point totals will be used as a guide in determining if an Entry will be used. Prize will only be awarded and Winner declared if J!NX decides to use Entry on a product.
  2. J!NX will take efforts to assure the fairness and integrity of the voting process for all entrants. J!NX reserves the right, in its sole discretion, to disqualify any votes that it determines, in its sole discretion, to have been cast by fraudulent means or in an attempt to unfairly influence the outcome of the voting, including but not limited to the registration of multiple member accounts by the same person, or that are generated or entered by non-human means, such as by a software script, robot, or other means. J!NX will maintain certain identifying information regarding voters, including the member account name and IP address of the computer from which the votes were cast. J!NX will maintain this information solely for the purposes of maintaining the integrity of the voting process, and will not be provided to third parties without the consent of said party, except as necessary for the administration of the Contest or as required by law or legal process. J!NX will also use “cookies” to help eliminate multiple votes from the same individual.
  3. The Winner will be notified by telephone, mail, and/or email, and will be required to sign and return an Affidavit of Eligibility within thirty (30) days of notification. The information in each Winner’s Affidavit of Eligibility must be correct and must be identical to the information provided in Winner's Entry or the Winner will be disqualified. If a Winner cannot be contacted, is ineligible, fails to claim a prize, fails to return the completed and executed documents required above, if a prize is returned as undeliverable or if a Winner fails to comply with any of the provisions of these rules, such Winner's prize will be forfeited.
  4. The Winner will receive $750 USD and a $250 USD J!NX Gift certificate for use at Jinx.com. The estimated retail value of said prize is $1000 USD. Taxes, fees and all other charges, if any, are the sole responsibility of Winner. Please allow at least 6-8 weeks for prize delivery. J!NX may, but is under no obligation to, use the Finalists’ or Winner’s Entries for any purpose.
  5. By accepting the prize, the Winner releases and discharges J!NX, affiliated companies and their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and all their respective employees, officers, directors, representatives and agents from any liability or damage due in whole or in part to the award, acceptance, possession, use or misuse of any prize or from participation in this Contest. J!NX reserves the right to substitute a comparable prize of like or greater value for any prize, or to pay winners a cash equivalent, for any reason.
  6. If, for reasons beyond J!NX’s control (including, but not limited to, tampering or computer virus infection), the Contest is not capable of running as originally planned, J!NX, at its sole discretion, reserves the right to cancel or modify the Contest, without liability.
  7. All taxes (including, but not limited to, income taxes) are the sole responsibility of winners. Prize winners (and parent(s) or guardian(s) of prize winners under 18) may be required to execute (and have notarized) an Affidavit of Eligibility, a Liability Release and Copyright Ownership Agreement, and/or a Publicity Release (the "Affidavit/Release") which must be returned to and received by Sponsor within thirty (30) days from winner’s receipt of the Affidavit/Release. Winners may also be required to send a copy of their passport, driver’s license or birth certificate as proof of age and residency. Non-compliance with any of these requirements may result in disqualification, in which case an alternate winner may be chosen. Return of prize, prize notification, Affidavit/Release as undeliverable will result in disqualification and an alternate winner may be selected. All entrants agree to comply fully with each provision in these Official Rules. Any person attempting to defraud or in any way tamper with this Contest and any person who does not comply with these Official Rules, will be ineligible for any prize(s) and may be prosecuted to the full extent of the law.

5. Issues of Law.

All Federal, state and local laws and regulations are applicable. THE CALIFORNIA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF CALIFORNIA SHALL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. The Contest is void where restricted or prohibited by law.

6. Your Release of J!NX From Any and All Liability.

Entrants agree that Contest Entities shall not be liable for losses or injuries of any kind resulting from: (i) acceptance/possession and/or use/misuse of prize(s), (ii) participation in the Contest, (iii) individual, joint or collective technical malfunctions of the telephone network and/or transmission line, computer on-line system, computer dating mechanism, computer equipment, hardware and/or software, or (iv) any delay or distortion of an Entry resulting from data transmissions that are garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, illegible or otherwise not in compliance with these Official Rules. Each Entrants releases J!NX from any liability in connection with Entrant’s preparation or use of the Image. Entrants also agree that the Contest Entities are not responsible or liable for any injury or damage to an entrant's or third person's computer related to or resulting from the Contest, the Entries and/or its prizes. The Contest Entities are not liable for damage to a user's computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to an entrant's participation in the Contest or downloading of information in connection with the Contest. The Sponsor reserves the right to modify or cancel the Contest in the event that any portion of any website used to administer any aspect of the Contest becomes technically corrupted.

7. How to Get More Information

  1. The screen name/alias of the Winner will be posted on the “Community” section at Jinx.com. To obtain the name of the Winner, send a self-addressed, stamped envelope to: J!NX Design Arcade, c/o Jinx, Inc. 12556 Kirkham Court, Suite 6, Poway, CA 92064 and in the corner of the envelope, label it “WINNER” and include the date on which the Voting Period ended. All winners’ list requests must be received by six months after the conclusion of the Voting Period. Questions regarding the Contest can be directed to support@jinx.com.
  2. Copies of these Official Rules may be obtained by sending a self-addressed, stamped envelope to J!NX Design Arcade, c/o Jinx, Inc. 12556 Kirkham Court, Suite 6, Poway, CA 92064 (WA and VT residents may omit return postage.). All times and dates in these Official Rules are Pacific Time.

I represent and warrant that all of the information set forth on this Entry is true and accurate in all respects, that the enclosed image is original and is my sole work of authorship and does not infringe on the rights of others. I represent and warrant that I have read all of the Contest Rules, and I agree to comply with same. I represent and warrant that I am at least the age of majority in the jurisdiction where I reside. I will indemnify Jinx, Inc. from and against any claim inconsistent with any of the foregoing representations and warranties.