AMALIE ARENA'S 'OPEN ARTIST CALL' CONTEST
OFFICIAL CONTEST RULES (the "Official Rules")
1. Eligibility: This "Open Artist Call" contest (the "Contest") is open to legal U.S. residents who (i) are thirteen (13) years of age or older at time of Contest entry and (ii) are legal residents of the state of Florida at the time of Contest entry. Employees and immediate family members (consisting of any spouse, sibling, grandparent, or any other person living in the same household of an employee) of Lightning Foundation, Inc. ("Sponsor"), Tampa Bay Arena, L.P., d/b/a Amalie Arena, Lightning Hockey LP, TBSE Football, LLC, the National Hockey League, the Arena Football One League, LLC, Tampa Sportservice, Inc, the City of Tampa, Hillsborough County, the Tampa Sports Authority (TSA), or any of the foregoing entities' respective affiliated or subsidiary companies, are not eligible to participate in the Contest (together, the "Excluded Entities"). The Contest is governed by the laws of the state of Florida. All federal, state, and local laws and regulations apply. Void where prohibited by law. This Contest is in no way sponsored, endorsed, administered by, or associated with Facebook. Contest is subject to modification or cancellation by Sponsor. Any individual that submits a piece of artwork to Sponsor in connection with this Contest is referred to herein as a "Contestant", or collectively, as "Contestants".
2. How to Enter: Contest begins at 9:00 a.m. EST on April 5, 2017 and ends at 11:59 p.m. EST on September 7, 2017 (the "Contest Timeframe"). All submissions must be received within the Contest Timeframe in order to be considered eligible for any of the Prizes (defined below). To enter, Contestants must either (i) submit a Qualifying Submission (defined below) at www.callforentry.org or (ii) commencing at 9:00 a.m. EST on April 5, 2017, Contestants may logon to www.tampabaylightning.com/art (wherein Contestants will be directed to www.callforentry.org). By participating in the Contest, Contestant acknowledges that the Contest entry form may require the submission of various pieces of pseudo-personal information, including Contestant's (i) full name, (ii) a valid email address and phone number, (iii) residential zip code, (iv) current employer's zip code, if any, and (v) date of birth.
3) Qualifying Submission: With the exception of computer-generated artwork (defined for purposes of this Contest as any image generated with the assistance of a computer/tablet or computer program), all mediums of artwork, including, without limitation, original (i) paintings, (ii) photographs, (iii) drawings, and (iv) sculptures are acceptable (the "Qualifying Mediums"). The Qualifying Mediums are subject to the following size restrictions: (i) hanging artwork cannot exceed six feet (6') by six feet (6'), including any frame attached thereto and (ii) sculptures cannot exceed seven feet (7') in height (the "Size Limitations"). Each Contestant may enter up to three (3) submissions (the "Maximum Number of Entries"). Provided that the submission is a Qualifying Medium that does not exceed the Size Limitations, the submission tendered shall be deemed a "Qualifying Submission". In the event that an individual Contestant submits the Maximum Number of Entries, any submission/entry that follows the initial three (3) entries will not be considered for a Prize (the "Rejected Submission"). Contestant shall have the option, however, to withdraw a prior Qualifying Submission in lieu of the Rejected Submission, provided that such substitution is communicated in writing to Sponsor a minimum of twenty-four (24) hours before the Contest Timeline deadline (the "Substituted Submission"). Sponsor shall not have any liability, to Contestant or otherwise, in the event that the Substituted Submission is not timely entered into the Contest and/or adjudicated by the Panel (defined below).
(a) Forty-one (41) winners (together, the "Winners", or individually, a "Winner,") will be selected by Sponsor as follows: twenty-eight (28) non-cash-winning Winners and thirteen (13) cash-winning Winners. Regarding the cash-winning Winners, the thirteen (13) prizes will be determined based on the following categories (together, the "Prizes"): (a) Three (3) Winners in the General Category (the "General Winners"), (b) Seven (7) Runners-Up in the General Category (the "Runner-Up Winners"), and (c) three (3) Winners in the "Youth" Category (the "Youth Winners"). All entrants in the "Youth" Category must be between the ages of 13 and 18 years old.
(b) The Prizes shall be distributed as follows: (i) The General Winners will each receive One Thousand Dollars ($1,000), (ii) the Runner-Up Winners will each receive Two Hundred and Fifty Dollars ($250), and (iii) the Youth Winners will each receive Two Hundred and Fifty Dollars ($250). Each Winner shall be solely responsible (at its sole cost and expense) for (i) any taxes due on their Prize, (ii) any costs associated with creating/producing the Qualifying Submission, and (iii) any costs associated with submitting the Qualifying Submission to Sponsor.
5. Selection of Winner:
(a) Sponsor shall designate a panel of judges (the "Panel") to adjudicate the Contest and the Qualifying Submissions. The precise number of judges on the Panel shall be determined at the sole discretion of Sponsor. Subject to change by Sponsor, the Panel shall consist of local art leaders, various community figures, and/or Lightning Foundation personnel. The forty-one (41) Contest Winners will be selected by the Panel from the Qualified Submissions based on a one hundred (100) point system wherein two (2) criteria are evaluated: (1) visual impact and (2) conceptual impact (the selected artwork is referred to collectively herein as the "Selected Submissions", or individually, a "Selected Submission"). Contestant hereby acknowledges that (i) the precise weight/point allocation given to each of the aforementioned criteria is solely in the discretion of the Panel, (ii) all Contest decisions shall be final, and (iii) Contestants will have no right, pursuant to these Official Rules or otherwise, to challenge the decisions of the Panel and/or the Prize decisions. Winners will be notified by Sponsor (or its designated agent) via telephone and/or email on or before September 23, 2017 at 9:00 p.m. EST. If a Winner does not respond to Sponsor within thirty-six (36) hours of the notification email or phone call, Winner will forfeit any and all interest in the Prize and Sponsor shall have the authority, at its sole discretion, to select an alternate winner. In the event that Sponsor elects to select an alternate winner pursuant to the terms of this Section 5, Sponsor will not have any further obligation to the original winner and the original winner will have no further claim against Sponsor.
(b) Acceptance of (i) a Prize and/or (ii) designation as a Selected Submission constitutes permission for Sponsor and its agencies (if any) to (i) showcase the Selected Submission in and around Amalie Arena (the "Showcase"), (ii) to use the Winner's name, address (city and state), and/or likeness (including photograph and/or voice) for advertising and trade purposes without further compensation or authorization, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, unless prohibited by law, and (iii) to be informed by telephone or email of information regarding the sale of tickets, products, and/or services offered by the Tampa Bay Lightning, the Amalie Arena, their affiliates, and their sponsors.
6. The Showcase; Sponsor's Display Rights:
(a) Winner acknowledges that Sponsor shall have the right to display or otherwise showcase the Selected Submissions in and around Amalie Arena through September 23, 2018 (the "Showcase Period"). Winner hereby acknowledges that Sponsor (i) shall have full discretion in selecting the precise Showcase location, if any, (ii) may, at any time and as many times as may be desired, re-locate the Selected Submission during the Showcase Period, and (iii) may elect, for any reason whatsoever, not to display any or all of the Selected Submissions.
(b) On the earlier of (i) ten (10) calendar days after the expiration of the Showcase Period or (ii) ten (10) calendar days after receipt of written notification from Sponsor, each Winner shall, at its sole cost and expense, pick-up its Selected Submission from Amalie Arena (the "Pick-Up Timeframe"). Following the timely delivery of written notification to Sponsor, Winners shall have the option of designating an agent to pick-up the Selected Submission on their behalf during the Pick-Up Timeframe. In the event that Contestant (or its designated agent, if applicable) does not timely adhere to the Pick-Up Timeframe, Sponsor shall have the right, at its discretion, to store, dispose, or otherwise discard the Selected Submission, without liability or further obligation to Contestant or any of Contestant's designated agents, assigns, or heirs.
(c) In connection with the Sponsor's Showcase rights, Winner hereby grants Sponsor and its related entities a non-revocable, non-exclusive license to copy, publish, perform, or otherwise feature, in any medium, whether now known or hereinafter developed (including, without limitation, in television, print, or on the Internet), the Selected Submissions in any of their respective advertising, marketing, and/or promotional initiatives (the "Promotional Use Rights"). Regarding the Promotional Use Rights, Sponsor and Winner hereby agree that: (i) the rights shall encompass, without limitation, any Amalie Arena, Tampa Bay Lightning, or Tampa Bay Storm media platform or campaign, (ii) any exercise by Sponsor or its related entities of its Promotional Use Rights shall not entitle Winner to any compensation, and (iii) Sponsor shall not have the right to sell, license, or otherwise grant any intellectual property rights associated with the Selected Submission to any third party (other than TBA's telecast partner), without the prior written consent of Winner.
(d) Winner shall have no right to the return of the Selected Submission until the expiration of the Showcase Period.
(e) Winners hereby acknowledge that while Sponsor will use commercially reasonable efforts to ensure that the Selected Submissions are not damaged while in Sponsor's possession, none of the Excluded Entities shall have any liability, to Winner or to any third party (including any agent, assign, or heir of Contestant), for any damage to or destruction of any Selected Submission.
7. Contestant Warranties and Representations; Indemnification:
(a) By entering into the Contest, Contestant agrees to be bound by these Official Rules, and any revised version hereof, and warrants and represents (i) that they are eligible for the Contest, (ii) that they shall indemnify, hold harmless, and defend Sponsor, the Excluded Entities, and each of their respective parents, members, partners, managers, subsidiaries, affiliates, officers, employees, independent contractors, agents, successors, and assigns from and against any and all claims, demands, actions, suits, or other proceedings arising in connection with the Contest from the wrongful or negligent acts of Contestant, including, but not limited to, the character, contents, and subject matter of any Contest submission or any Qualified Submission, and to pay all costs, expenses, liabilities, liens, and judgments arising hereunder including, but not limited to, attorney's, paralegal, and other professional fees each at all stages of litigation and appeals and during any negotiations, mediations, arbitrations, trials, and appeals, (iii) that the Qualified Submission is an original work of authorship and he/she owns all right, title and interest in and to the Qualifying Submission and that the submission, publication, and/or reproduction of the Qualifying Submission in connection with the Contest will not, in any way, infringe upon the rights of any third party or will not otherwise violate the Lanham Act or 17 U.S.C. Contestant consents to Sponsor's (or its affiliates') use of Contestant's personal information, as described in Section 5 above.
8. Dispute Resolution: In the event that litigation is initiated in order to enforce and/or interpret any provision of these Official Rules or to resolve a dispute about a Prize, the Showcase Period, or the Contest, the proper venue for any such litigation shall be Tampa, Florida. The prevailing party shall be reimbursed by the non-prevailing party for all costs and fees, including attorneys' fees and court costs, incurred by the prevailing party in connection with such litigation.
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