1. GENERAL CONDITIONS: All local, state and federal laws and regulations apply. Diproinduca reserves the right to disqualify any Entrant from the Contest if, in Diproinduca’s sole discretion, it reasonably determines that the Participant has attempted to undermine the legitimate operation of the Drawing Contest by unfair playing practices, cheating, deception, or annoys, abuses, threatens or harasses any other entrants, Diproinduca, or the Judges.
2. INTELLECTUAL PROPERTY RIGHTS: As between Diproinduca and the Entrant, the Entrant retains ownership of all intellectual and industrial property rights (including moral rights) in and to the Artwork (excluding Diproinduca’s rights in the Diproinduca logo/trademark). As a condition of entry, Entrant grants Diproinduca a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display the Artwork for any purpose, including display on the Diproinduca website, without any attribution or compensation to Entrant. Entries will not be returned. Diproinduca retains all rights in the Diproinduca products and services, and entry into this Contest will, in no case, serve to transfer any Diproinduca intellectual property rights to the Entrant.
3. PRIVACY: Participants agree and accept that personal data submitted with an entry, including but not limited to name, address, phone number, and email address, may be collected, processed, stored and otherwise used by Diproinduca and its affiliates to conduct and administer the Contest. Individuals submitting personal information in connection with the Contest have the right to request access, review, rectification or deletion of any personal data held by Diproinduca in connection with the Contest by writing to Diproinduca at the following address: Privacy Matters, c/o Diproinduca 200 Cachet Woods Court, Suite 214 Markham, ON. L6C 0Z8 – Canada.
4. PUBLICITY: Entering the Contest, Entrants agree to participate in any media or promotional activity resulting from the Contest as reasonably requested by Diproinduca at Diproinduca’s expense and agree and consent to use of their name and/or likeness by Diproinduca. Diproinduca will contact Entrants in advance of any Diproinduca-sponsored media request for interviews.
5. The artworks may also be used for press and media purposes, and Entrant agrees to waive any rights and not assert any intellectual property rights that Entrant has or may have in the Artwork. Diproinduca reserves the right to publish the name and likeness of the Entrants with the top 25 scores, the Finalists and the Winner on the Contest Site or through other media for publicity purposes.
6. WARRANTY AND INDEMNITY: Entrants warrant that their artworks are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted Artwork and that they have the right to provide the Artwork in the Contest and grant all required licenses. Each Entrant agrees not to submit any artwork that: (a) infringes any third-party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, trade names, industrial designs, patent, trade secret, privacy, publicity or confidentiality obligations; or (b) otherwise violates applicable state, federal, or local law.
7. To the maximum extent permitted by law, Entrant indemnifies and agrees to keep indemnified Sponsor at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, Entrant agrees to defend, indemnify and hold harmless Sponsor from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from: (i) any artwork or other material uploaded or otherwise provided by Entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by Entrant in connection with the Contest; (iii) any non-compliance by Entrant with these Rules; (iv) claims brought by persons or entities other than the parties to these Rules arising from or related to Entrant’s involvement with the Contest; (v) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in the Contest; (vi) any malfunction or other problem with the Contest Site in relation to the entry and participation in the Contest by Entrant; (vii) any error in the collection, processing, or retention of entry or voting information in relation to the entry and participation in the Contest by Entrant and in the voting process by consumers; or (viii) any typographical or other error in the printing, offering or announcement of any prize or winners in relation to the entry and participation in the Contest by Entrant.
8. ELIMINATION: Any false information provided within the context of the Contest by Entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the Entrant from the Contest.
9. INTERNET AND DISCLAIMER: Diproinduca is not responsible for any malfunction of the entire Contest Site or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed artworks or votes due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit Entrant’s/consumer’s ability to participate/vote respectively. Diproinduca is not responsible for the decisions policies, actions, or inactions of others, that might prevent an Entrant from submitting, participating, and/or claiming a prize in this Drawing Contest. Diproinduca’s failure to enforce any term of these Rules will not represent a waiver of that or any other provision. Diproinduca reserves the right to disqualify participants who violate the rules or interfere with this Drawing Contest in any manner. If a participant is disqualified, Diproinduca reserves the right to terminate that Entrant’s eligibility to participate in the Drawing Contest.
10. RIGHT TO MODIFY, CANCEL OR DISQUALIFY: If for whatever reason the Drawing Contest is unable of running as planned, including infection by a computer virus, online bugs, digital tampering, unauthorized intervention, technical failures, fraud, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Drawing Contest, Diproinduca reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Diproinduca also reserves the right to disqualify any user/participant who tampers with the submission process or any other part of the Drawing Contest or the Contest Site. Any attempt by an Entrant to damage any web site, including the Drawing Contest Site, or undermine the legitimate operation of the Drawing Contest is a violation of criminal and civil laws and should such an attempt be made, Diproinduca has the right to seek damages from any such Participant to the fullest extent of the applicable law.
11. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of artwork into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either Diproinduca or the Contest Entities. Entrants acknowledge that they submitted their Artwork voluntarily and not in confidence or in trust. Entrants acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and Diproinduca or the Contest Entities and that no such connection is established by Entrant’s submission of artwork under these Rules.
12. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: If any provision(s) of these Rules are held to be not valid or unenforceable, the remaining provisions hereof will remain in full force and effect. To the appropriate extent permitted by law, including the rights to prosecute, seek injunctive aid or make any other resort to judicial or any other method in case of disputes or claims emerging from or in connection with this Drawing Contest are as a result of this excluded. Participants expressly waive any and all such rights.
13. ARBITRATION: By entering the WED Drawing Contest, you agree that exclusive jurisdiction for any argument, demand, or claim associated in any way to the Drawing Contest will be resolved by binding arbitration. All disagreements between you and Diproinduca of any kind or nature resulting from these Rules shall be submitted to the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in Ontario Canada before one arbitrator agreed mutually by both parties. The involved parties agree to equally share the arbitration costs incurred.
14. WINNER’S RESULT: You may request a list of winners after September 25, 2022, by sending a self-addressed stamped envelope to:
Canada:
200 Cachet Woods Court, Suite 214
Markham, ON. L6C 0Z8 – Canada
Tel: +1 905.709.6275
Fax: +1 905.709.4721
Email: info@diproinduca.com