GAIA BEST HOLIDAY EVENT ART PROMOTION OFFICIAL RULES
Eligibility
The BEST HOLIDAY EVENT ART (the "Promotion") begins on Monday, December 11 2006 at 12:00pm PT and ends on Wednesday, December 27 2006 at 5:00pm PT (the "Promotion Period"). Each entrant must be an individual who is at least the age of 13 and majority in his or her jurisdiction of residence. Each entrant must be a legal resident of the United States. Gaia Interactive, Inc. ("Gaia"), in its sole discretion, shall determine the eligibility of entrants and the time of entry.
Employees, independent contractors, advisors, officers, and directors of Gaia, its affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, the judges, and the immediate family members and persons living in the same household of such persons, are not eligible to participate in the Promotion.
Entrants who do not comply with any of these requirements or the Official Rules are not eligible to compete or win a prize. The Promotion is void where prohibited by law.
Entry
Entrants must create artwork related to the Holiday event ("Artwork") and submit their Artwork in Gaia's designated event art forum. Users can submit their art by creating a new forum topic and posting their art as part of their postings. Users can submit their art in either of the holiday themed forums which can be found at the following urls: https://test11.gaiaonline.com/forum/viewforum.php?f=227 and https://test11.gaiaonline.com/forum/viewforum.php?f=229
Submissions for art must be a maximum of 640x640 pixels and be with a file size less than 160 kilobytes.
By entering Artwork for the Promotion, entrant agrees to abide by and be bound by these Official Rules and any decision Gaia or its designees make regarding any matters relating to the Promotion. All decisions made by Gaia or its designees shall be final and binding. Gaia reserves the right to disqualify from the Promotion, and any future contest or other promotion conducted by Gaia, and to prosecute to the fullest extent permitted by law, any entrant who, in Gaia's reasonable suspicion, tampers with any of Gaia's sites, the entry process, the Promotion, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner. In the event of disqualification of a winner, Gaia may replace the winner with the next runner-up at the sole discretion of Gaia.
By entering Artwork for the Promotion or accepting any prize, each entrant consents to Gaia's use of his or her name, photograph and/or likeness, address, voice, and statements made by or attributed to him or her, in perpetuity, in any and all media now known or hereafter developed (including, without limitation, print, broadcast, and Internet), for all business purposes including advertising and promotional activities without additional compensation, notice or approval, unless prohibited by law.
By entering Artwork for the Promotion, each entrant warrants that he or she is the sole owner of the subject matter shown in the Artwork, including all visual components, or has all permissions necessary to use the subject matter shown in the Artwork, and further warrants that the Artwork do not contain subject matter considered by entrant's place of business or any other third party to be confidential, and that the Artwork does not infringe or violate the rights of any third parties.
Winners of the contest will be asked to grant Gaia a full license to copy, use, modify, display and otherwise display his or her Artwork (including all copyrights, trademarks, design rights, moral rights and all other intellectual property rights embodied in such ideas and submissions) for any and all purposes in any and all formats, including for posting on Gaia's website, for use in Gaia's marketing collateral, and for use on goods for sale by Gaia.
Judging Criteria
Judging to determine the winners will based on two equally weighted criteria: (1) the number of positive votes received a piece of Artwork receives and (2) judging conducted by expert artists selected by Gaia or its designee(s).
Users may vote for the artwork by clicking on the button marked Rate this topic at the top of the forum entry. Gaia will be the sole inspector and final arbiter of the number of votes. Entrant agrees to use fair and reasonable means to promote his or her Artwork, and agrees not to use any form of automated voting mechanism ("spamming") or any other tactic inconsistent with the spirit of this Promotion, or any methods considered by Gaia to be unsportsmanlike.
From each of the 2 art forums there will be 11 prizes awarded -- 1 grand prize, 5 second prizes and 5 third place prices. This will make a total of 22 winners selected from the art contest. The winners will be chosen and announced no later than 7 working days from the official end date of the contest.
Prizes
Grand Prize (2):
1 pair of mini-wings with user's choice of angel or nightmare win sets
Second Place Prizes (10):
1 OMG Hat
1 AFK Hat
Third Place Prizes (10):
1 CoCo Kitty Plushie
1 KiKi Kitty Plushie
Finality of Decisions.
All decisions of the Gaia (including any expert(s) it appoints) are final and binding in all matters relating to this Promotion.
Taxes
ALL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. Gaia reserves the right to withhold any taxes as required by applicable law. All prizes will be awarded (other than prizes withheld for tax purposes as required by applicable law) and are not transferable. No substitutions (including for cash) are permitted, except Sponsor reserves the right to substitute prizes of equal or greater monetary value to the prizes if for any reason any prize cannot be awarded as contemplated in these Official Rules. Winners may be required to supply a Social Security number or Taxpayer ID prior to the award of any prize.
Notification of Winner
The winners will be notified by e-mail and, if requested, must sign and return an affidavit of eligibility and compliance with these Official Rules, a publicity/liability release (unless prohibited by law), and any other requested documents within the time period stipulated in the documents. Failure to comply with this requirement may result in disqualification. Any notification returned as undeliverable may result in disqualification. In the event of a dispute about the identity of an individual, entries made online will be declared submitted by the Authorized Account Holder of the e-mail address submitted at time of entry. "Authorized Account Holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider or online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The winners may be required to provide Gaia with proof that the potential winner is the Authorized Account Holder of the e-mail address associated with the winner.
The name of the winners will be posted for a period of time at //www.Gaiaonline.com.
Disclaimer and Limit of Liability
GAIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR ANY ENTRANT'S PARTICIPATION IN THE PROMOTION. GAIA SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE PROMOTION, OR WINNING OR USE OF A PRIZE, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS PROMOTION; AND (V) ANY OTHER CONDITION THAT MAY CAUSE THE PROMOTION TO BE DISRUPTED OR CORRUPTED. GAIA RESERVES THE RIGHT, IN THEIR SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE PROMOTION OR ALTER THE RULES FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE PROMOTION.
Release
BY ENTERING THE PROMOTION, EACH ENTRANT AND EACH OF ITS EMPLOYEES, CONSULTANTS, OFFICERS, DIRECTORS AND AGENTS RELEASES AND AGREES TO HOLD HARMLESS GAIA AND THEIR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING THE PROMOTION; (II) ACCEPTANCE OR USE OF ANY PRIZE; AND (III) OTHERWISE ARISING OUT OF OR RELATING TO THE PROMOTION.
Governing Law
The Promotion and the rights and obligations of Gaia and entrants will be exclusively governed by and controlled by the laws of the State of California, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of California, Santa Clara County. The parties consent to the jurisdiction of the state courts of California and federal court located within such state and county with respect to any action, dispute or other matter pertaining to or arising out of the Promotion.
All questions regarding the Promotion should be directed by e-mail to contest@gaiaonline.com