NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.

 

To enter this “paint.one LTC Fan” sweepstakes (the “Contest”), you must be 18 years old or older as of date of entry.  Subject to additional eligibility requirements as described below. This Contest is sponsored by Digital Art Sports, Inc. d/b/a Paint.one (“Sponsor”) and is governed by these rules (the “Official Rules”).  THIS CONTEST IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER, INSTAGRAM, FACEBOOK OR TWITTER.

 

1. How to Enter. To enter the Contest, either register your name and email address at www.paintonebattles.com/ltc or follow @paintonebattles on Instagram between 7:00 a.m. PT April 14, 2020  at 12:00 a.m. PT April 24, 2020. 

 

One entry per person.  No automated entry devices or programs permitted. No purchase is necessary to enter or win the Contest.

 

By participating in the Contest, you grant Sponsor the right to use your name, address (city and state), likeness, photograph, voice, biographical information and any statements made by you regarding the Contest or Sponsor, including for advertising and promotional purposes, without notice or additional compensation, except where prohibited by law.

 

2. Guidelines. Sponsor’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules. By entering the Contest, you fully and unconditionally agree to be bound by the Official Rules and the decisions of Sponsor, which will be final and binding in all matters relating to the Contest.

 

Persons found tampering with or abusing any aspect of the Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Contest, as determined in the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future tournament. ANY ATTEMPT BY A PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY PERSON SO ATTEMPTING TO THE FULLEST EXTENT PERMITTED BY LAW.

 

3. Eligibility.  This Contest is only open to residents of the United States, and is void where prohibited, taxed or restricted by law.    Participants must be 18 years of age or older as of date of entry and have an Instagram account or email address.  Employees, officers and directors of Sponsor and its affiliates, business partners, advertising and promotion agencies, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter.

 

4.  Selection of Winners and Prizes. Winners will be selected by Sponsor at random within seven days following the conclusion of the entry period.  Winners will be eligible to receive the following prizes: 

 

•     First Prize (1 winner):  A portrait of the winner drawn by Louis the Child

 

•     Second Prize (3 winners): each winner to receive vinyl album signed by Louis the Child

 

•     Third Prize (5 winners): each winner to receive “mystery merch” box of Louis the Child merchandise

 

Prizes are non-transferable. In the case of unavailability of any prize,Sponsor reserves the right to substitute a prize of equal or greater value.

 

5.  Expenses and Taxes.  Winners are responsible for all incidental expenses and for all federal, national, state and local taxes and all other expenses not specifically listed in these Official Rules.  Winners acknowledge that Sponsor may withhold from payment of any cash prize any taxes that may be required to be withheld under applicable law.  

 

6.  Notification. The winners will be notified via Instagram or email and announced on announced on Instagram.com/paintonebattles and facebook.com/paint.one within five business days following selection. The winners may be required to sign and return, where legal, an additional release affirming their compliance with the Official Rules and confirming the rights and releases granted under these Official Rules. If any winner cannot be contacted within five days of prize notification, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize, or in the event of noncompliance with these Official Rules, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries.  In the event of any forfeiture, no compensation will be given.

 

7. Releases.  By participating, you agree to release and hold harmless Sponsor and any other social media site hosting or promoting the Contest, and their respective advertising and promotion agencies and their respective affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from and against any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including, without limitation, property damage, personal injury and death, which may occur in connection with, preparation for, or participation in the Contest, or possession, acceptance or use or misuse of any prize or participation in any Contest-related activity, and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. 

 

Sponsor is not responsible if Contest cannot take place or if any prize cannot be awarded or used due to acts of God, acts of war, natural disasters, weather or acts of terrorism or other reasons beyond the reasonable control of Sponsor.

 

8. Limitation of Liability. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.  IN NO EVENT WILL SPONSOR’S LIABILITY EXCEED $300.00.

 

9.  Disclaimer of Warranties. THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

 

10.  Exclusions and Limitations.  Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Sponsor may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Sponsor’s liability shall be the minimum permitted under such applicable law.

 

11. Disputes; Governing Law. These Official Rules and any dispute arising from or relating to these the Contest, shall be governed exclusively by, and construed in accordance with the laws of the United States and the State of California, without reference to any conflict of laws principles. Any controversy, claim, or dispute arising out of or related to these Official Rules (or the interpretation, performance, or breach of them) or the Contest (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph.  If a Dispute that cannot be resolved through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis. Arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party.

 

12. Use of Data. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at https://www.paint.one/privacy-policy. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.

 

13.  Relation to Paint.one Terms.  By using Sponsor’s websites, applications, or services, you are also subject to the Paint.one Terms of Service (the “Paint.one Terms”). In the event of any conflict between these Official Rules and the Paint.one Terms, these Terms will control with respect to the Contest.  

 

14. List of Winners. To obtain a list of winners, send a self-addressed, stamped envelope by May 15, 2020 to:

 

Digital Art Sports, Inc. 

45 S. Arroyo Parkway

Pasadena, CA 91105

 

 

15.  The Contest is sponsored by Digital Art Sports, Inc., d/b/a Paint.one, 45 S. Arroyo Parkway, Pasadena, CA 91105.